People v. Fullbright CA2/5

I. BACKGROUND

In 1997, defendant struck the manager of a 7-Eleven store with a bicycle, told him not to call the police, and threatened to kill him. (People v. Fullbright (Apr. 27, 1999, B120171) [nonpub. opn.].) The police were called, however, and when an officer attempted to place defendant in handcuffs, defendant attempted to punch the officer and the two wrestled on the ground for several minutes. The officer suffered injuries to his hands, knees, and elbow. A jury convicted defendant of dissuading a witness (Pen. Code,2 § 136.1, subd. (c)(1)), criminal threats (§ 422), and battery on a peace officer (§ 243, subd. (c)). The jury further found

1 Defendant’s last name is spelled “Fulbright” in parts of the record, including the notice of appeal. We amend the caption to reflect the correct spelling. 2 Undesignated statutory references that follow are to the Penal Code.

2 defendant sustained two prior felony convictions within the meaning of the Three Strikes law. (§§ 667, subds. (b)-(i), 1170.12.) The trial court sentenced defendant to a total of 50 years to life in prison: consecutive terms of 25 years to life for the dissuading a witness and battery crimes plus 25 years to…