People v. Dannebaum CA5

BACKGROUND

On March 26, 2020, two officers were escorting defendant between sites at Corcoran State Prison. Defendant was handcuffed behind his back and was being led by the two officers. Almost immediately, defendant slipped out of one officer’s grip, then lowered his shoulder and forcefully struck the shoulder and chest of the other officer, slamming him against a wall repeatedly. The two officers eventually managed to force defendant face down to the ground. One of the officers suffered an injury to his hand that required two surgeries. The other officer’s back was hurt in the struggle. Both officers required extensive time off work because of their injuries. On September 28, 2020, the Kings County District Attorney filed an information charging defendant with battery by a prisoner upon a nonconfined person (Pen. Code, § 4501.5;1 count 1) and resisting arrest (§ 69; count 2). As to both counts, the information further alleged defendant inflicted great bodily injury in the commission of the crime (§ 12022.7, subd. (a)) and had suffered three prior “strike” convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). Defendant…