P. v. Morris 3/21/05 CA1/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A103410

Case Date: 07/13/2005

Preview:Filed 3/21/05 P. v. Morris CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIRST APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. KEVIN LEON MORRIS, SR., Defendant and Appellant. (Lake County Super. Ct. Nos. CR32555 & CR5489) A103410

Appellant Kevin Leon Morris, Sr. appeals from his conviction of assault and battery on a custodial officer and resisting a peace officer. He raises numerous issues on appeal, including ineffective assistance of counsel, errors in admission of evidence, prosecutorial misconduct, and unconstitutionality of the statutory scheme pertaining to battery on a custodial officer. He also raises a number of sentencing issues, including the claim that his sentence is unconstitutional and must be reversed pursuant to Blakely v. Washington (2004) __U.S. __ [124 S.Ct. 2531]. Morris also filed a petition for writ of habeas corpus alleging ineffective assistance of counsel and denial of his constitutional right to testify, which we have considered with this appeal. We remand for resentencing in light of Blakely and order that his sentence for the assault be stayed, and deny the petition for writ of habeas corpus. In all other respects we affirm the judgment.

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I. PROCEDURAL BACKGROUND Morris was charged by information with assault on a custodial officer (Pen. Code,

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