P.

STATEMENT OF THE CASE

Appellant was charged with two felony counts, causing serious bodily injury while resisting a peace officer (Pen. Code, § 148.10)1 and resisting an executive officer (§ 69).

1 All further statutory references will be to the Penal Code unless otherwise specified.

1 It was further alleged that appellant violated probation in committing the charged offenses (§ 1203.3); that he had previously served a prior prison term (§ 667.5, subd. (b)); and that he was ineligible for probation due to prior convictions (§ 1203, subd. (e)(4)). On April 19, 2010, appellant pled not guilty and denied the enhancement allegations. Jury trial began on July 19, and on July 27, appellant was found guilty as charged. On August 23, the court found the enhancement allegations true and ordered appellant evaluated under section 1203.3. On December 10, appellant was sentenced to three years in prison. He filed a timely notice of appeal on the December 20, 2010.

STATEMENT OF FACTS

On the evening of March 2, 2010, bus operator Terry Damian allowed appellant, who was homeless, to ride his bus without paying. Appellant was on the bus for between five and 15 minutes. Damian did not remember…