P. v. Sanchez
Arthur Sanchez appeals from a judgment convicting him of battery by a prisoner on a nonprisoner. He raises numerous contentions to support his claim that the judgment must be reversed. He contends the jury failed to set aside its prior deliberations when an alternate juror was substituted into the jury. He also asserts the trial court erred by denying his request that the case be dismissed due to misconduct by a bailiff; permitting up to seven security officers in the courtroom; excluding evidence that he was nearing his parole date at the time of the charged battery; and admitting evidence that correctional officers found a cell phone in his cell after the battery incident. He further argues that during closing argument the prosecutor argued facts that were not in evidence, and that the cumulative effect of error denied him a fair trial. We find no error, except for the exclusion of the evidence concerning the nearness of his parole date. We conclude the latter error was not prejudicial.
Additionally, as requested by defendant, we have independently reviewed the officer personnel records that were reviewed by the trial court during an in camera Pitchess[1] hearing. We find no abuse of discretion. Finally, the Attorney General concedes, and we agree, that at sentencing the court erred in imposing a five-year prior serious felony enhancement.
Accordingly, we affirm the judgment as to the conviction, reverse the judgment as to the sentence, and remand the case for resentencing.
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