People v. Colbourn CA3

BACKGROUND

The facts underlying defendant’s offense are immaterial to this appeal. It suffices to say that in June 2020, while incarcerated in the Butte County Jail, defendant spat into

1 the face of a correctional officer. Regarding that conduct, in May 2021, defendant pled no contest to the offense of battery by gassing, a violation of Penal Code section 243.9, subdivision (a).1 In a presentencing report, a probation officer recommended imposition of the upper term of four years of imprisonment. The probation officer noted aggravating circumstances for sentencing purposes, including: “[D]efendant’s prior convictions . . . are numerous or of increasing seriousness” (Cal. Rules of Court, rule 4.421(b)(2)); and “[t]he defendant has served [a] prior prison term[]” (id., rule 4.421(b)(3)). Attached to the probation officer’s report was a Butte County Probation Department form entitled “DEFENDANT’S STATEMENT,” wherein defendant handwrote that: (a) the June 2020 battery was “an ac[c]ident”; and (b) he was arrested for carrying a concealed dagger in January 2018 and was sentenced to a “county prison” term for that offense. Defendant signed the statement. Also attached to the report…