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CRIMINAL LAW AND PROCEDURE
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■ People v. Gutierrez, No. F055925

A jury found Mario Gutierrez guilty of battery against a custodial officer at the Lerdo Detention Facility in Kern County.  (Pen. Code, § 243.1; see Pen. Code, § 831, subd. (a).)[1]  The trial court found four allegations of serious felony priors (§§ 667, subd. (a)(1), 1192.7, subd. (c)) true within the scope of the three strikes law (§§ 667, subds. (b)-(j), 1170.12, subds. (a)-(d)) and imposed a 25-to-life term consecutive to a term of 25-to-life-plus-one-year already imposed in another case.  On appeal, he argues an insufficiency of the evidence issue, two interrelated instructional issues, and a sentencing issue.  We affirm the judgment.

■ HELD:

Conviction and sentence for battery against a custodial officer is affirmed where: 1) there is sufficient evidence in the record that the detention deputy used necessary, not excessive, force to discharge his duty to secure inmates; 2) the court improperly instructed the jury on the custodial officer's use of force, but the instructional error did not produce an improper verdict; and 3) trial court did not err in the imposition of a felony sentence against defendant.
People v. Gutierrez .-F055925- 5/28/09 CA5
People v. Gutierrez .-F055925- 5/28/09 CA5-PDF 

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
People_v_Gutierrez_F055925

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