Dooley

A jury found defendant Jeremy Noel Dooley guilty of battery upon a custodial officer. (Pen. Code, § 243.1.) A two strikes offender, he was sentenced to eight years in state prison.

Defendant appeals, arguing (1) there was insufficient evidence to support his conviction, (2) the trial court erred in failing to give supplemental instructions to the jury on the definition of the term “custodial officer,” and (3) the court erred in failing to instruct on the lesser included offense of battery. We reject each of these contentions and shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On the day of the incident, defendant was in custody as a “civil committee” in Shasta County jail. Civil committees are housed separately from the general inmate population and have a different classification than criminal inmates. Due to defendant’s classification, he was confined to the medical ward of the jail. Nevertheless, defendant was required to follow all the same rules as other jail inmates, including the requirement that he wear an identification wristband at all times.

On April 17, 2009, Shasta County Correctional Officer John Westmoreland, who was in charge of the…