People v. Gray CA3

BACKGROUND

In November 2021, the prosecution charged defendant with first degree residential burglary in a separate case (the burglary case). On June 28, 2022, the trial court dismissed the burglary case as part of the plea negotiations we recount post. During the pendency of the burglary case, officers responded to a call for assistance in the inmate holding area of the courthouse where defendant was in a cell. Defendant said he wanted to speak to the judge, and if the judge did not come speak to him, the deputies were going to have to forcibly remove him from his cell. Defendant was known to have a violent history toward the jail staff. He resisted the deputies’ efforts to remove him from the cell; when deputies placed him in a van for transport, he kicked at the back door of the transport van so hard it broke. The damage to the van door was in excess of $1,600. The amended complaint in the current case (vandalism case) charged defendant with resisting an executive officer; vandalism; resisting, obstructing, or delaying a peace officer; and alleged defendant had a serious or violent prior conviction. (§§ 69, subd. (a), 148, subd. (a), 594, subd. (a), 667, subd. (d) & 1170.12,…