People v. Price CA5

INTRODUCTION

After a jury trial, defendant Cheryl Lynn Price was convicted of two felony counts of resisting an executive officer (Pen. Code,1 § 69), and one count of misdemeanor battery on a peace officer (§ 243, subd. (b)). She was sentenced to two years, to run concurrent to the term imposed in Tulare County Superior Court case No. VCF232931. On appeal, defendant contends her conviction for battery on a peace officer must be reversed because the court failed to give the unanimity instruction to the jury. We will affirm.

FACTS

On the evening of November 22, 2010, Deputy Karyse Sandoval booked defendant in to the Bob Wiley Detention Facility in Bakersfield. Defendant cooperated with the process until Sandoval said they were going to take her photograph. Defendant became angry and refused to have her photograph taken. She yelled at Sandoval that “she was going to take … no fucking picture.” Sandoval tried to calm defendant down, but to no avail. Sergeant John Chabrajez heard the disturbance and approached defendant. Chabrajez asked defendant to have her mug shot taken, and offered to only take one instead of three separate pictures. Defendant cursed Chabrajez and said, “Fuck…