People v. Petrovich CA4/3

FACTS

A complete recitation of the facts can be found in our prior opinion People v. Guillen (2014) 227 Cal.App.4th 934 (Guillen).2 Suffice it to say, John Derek Chamberlain was arrested for possession of child pornography and was housed in Theo Lacy Jail; Petrovich was also a resident of the jail. Chamberlain and Petrovich were housed in F Barracks West (F West). In the center of F Barracks, bisecting F West and F Barracks East, was an enclosed guard station. F West had dormitory cubes lettered A through H. The dormitory cubes had four-foot privacy walls. Because of the design of the dormitory cubes, there were spots not visible from the guard station. One of the blind spots was on the east side of D cube. F West had a dayroom where during the designated time 146 inmates could roam.

1 Effective June 30, 2022, the Legislature renumbered Penal Code section 1170.95 to section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) For purposes of clarity, we refer to the statute as section 1172.6 throughout the opinion. All further statutory references are to the Penal Code, unless otherwise indicated.

2 On the court’s own motion and for good cause, we take judicial…