P. v. Smith

Filed 4/21/06 P. v. Smith CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

APPEAL from a judgment of the Superior Court of Madera County. Edward P. Moffat, Judge.

Katherine Hart, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and Kelly E. LeBel, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

Procedural History

Appellant Glynis Smith, an inmate at Valley State Prison for Women in Chowchilla, was charged^[1] with battery on Correctional Officer Nedina Bacci, in violation of Penal Code section 4501.5^[2] and with assault with a deadly weapon and by means likely to commit great bodily injury on Sergeant Anthony Waybright, a violation of section 4501. The incidents occurred on November 22, 2002 and February 27, 2003. The information also alleged that Smith has suffered four prior strikes within the meaning of California's Three Strikes Law (§ 667, subds. (b)-(i)) and had suffered a prior prison term under section 667.5, subdivision (b). The trial was twice continued over Smith's objections. The first was at the prosecutor's request because he had just received the defense witness list. The second was on June 28, the day before trial was scheduled, and attorney Linden Lindahl replaced attorney Bobby Bell as Smith's counsel because Bell had left the public defender's office. After meeting with Smith for the first time, Lindahl appeared and requested an additional two-week continuance because he â€