People v. Verile CA4/3

FACTS

In June 2014, Verile was in custody at the Orange County Central Men’s jail when he refused to follow directions and punched a deputy sheriff in the face. Verile 1 was charged with resisting and deterring an executive officer (Pen. Code, § 69; count 1), and misdemeanor battery on an officer (§ 243, subd. (b); count 2). A jury found Verile guilty of both counts. At the sentencing hearing, the court considered this case together with a companion case stemming from an earlier jury trial. In the companion case, the court sentenced Verile to a total sentence of three years and eight months in prison. In this case, the court sentenced Verile to an eight-month sentence on count 1, to run consecutive to the three-year, eight-month sentence in the companion case. The court suspended imposition of sentence on count 2. Verile timely filed a notice of appeal.

DISCUSSION

A trial court must pass sentence on the defendant and impose the punishment prescribed. The court has no other discretion other than to sentence the defendant or grant probation. (People v. Duff (2010) 50 Cal.4th 787, 795-796.) Here, it

1 All further statutory references are to the Penal Code.

2 is clear the court…