People v. Colon CA5

facts. On October 25, 2024, appellant was advised of his right to file a supplemental brief within 30 days. To date, we have received no communication from appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment. The following is a brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) Factual Background On February 9, 2017, appellant was an inmate in the California penal system. On that day, defendant’s housing unit was subject to a “mass search,” i.e., a search in which every inmate and cell are searched. Correctional Officer Ardath Downey went to defendant’s cell and opened the food port. Through the opened food port, Downey twice ordered defendant to strip down to his underwear and shower shoes and step out of his cell so that a search could be conducted. According to Downey, defendant wanted to know why he had to strip and come out of his cell, refused to comply with her orders, and finally yelled: “ ‘F[***] you, you ugly monster-looking [b****]. I will f[***]ing kill you. Open up this door and let me out, and I will bash your f[***]ing head…