People v. Bean CA3

Filed 8/21/14 P. v. Bean CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Lassen) ----

THE PEOPLE,

Plaintiff and Respondent, C072954

v. (Super. Ct. No. CH027894)

ERICK BEAN,

Defendant and Appellant.

A jury convicted defendant Erick Bean of battery by a prisoner on a non-confined person (Pen. Code, § 4501.5)1 and sustained three prior strike convictions. (§§ 667, subd. (b)-(i), 1170.12.) The trial court sentenced defendant to serve six years in state prison. On appeal, defendant contends the trial court’s comments to the jury regarding the testimony of a prosecution witness constituted prejudicial error. We conclude the trial

Undesignated statutory references are to the Penal Code.

1 court’s comments…