The People v. Price CA5

INTRODUCTION

Defendant Cheryl Lynn Price (defendant) was convicted of two counts of resisting a peace officer. She contends that each offense was incident to a single objective. Therefore, she argues, the sentencing court erred in imposing a 30-day jail sentence on each count. (See Pen. Code, § 654, subd. (a).) We disagree and affirm.

FACTS

I.

PROCEDURAL BACKGROUND

Defendant was charged with two counts of resisting an officer by threat or violence. (Pen. Code,1 § 69.) A prior serious felony conviction was also alleged as to each count. (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d).) After trial, the jury found defendant not guilty as to the two section 69 counts. The jury found defendant guilty of the lesser included offense of resisting a peace officer. (§ 148, subd. (a)(1).) Defendant was sentenced to 30 days in jail on count 1. On count 2, the court sentenced defendant to another 30 days in jail consecutive to count 1. Time was deemed already served on both sentences.

II.

TRIAL EVIDENCE

Jason Baillie (Baillie) is a correctional deputy for the Tulare County Sheriff’s Department. In August 2010, Baillie was responsible for the custody, care, supervision, security, and…