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The People v. Jason Clark Powers

December 26, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JASON CLARK POWERS, DEFENDANT AND APPELLANT.



(Super. Ct. No. 11F3203)

The opinion of the court was delivered by: Robie , J.

P. v. Powers

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

After the magistrate denied his motion to suppress evidence (Pen. Code,*fn1 § 1538.5), defendant Jason Clark Powers pled no contest to attempting to obstruct, resist, or deter an executive officer in the performance of his duty and admitted a prior serious or violent felony conviction in return for a stipulated state prison term of 16 months, the dismissal of all remaining counts and allegations -- including a charge of being a felon in possession of ammunition -- and the dismissal of an unrelated pending case.*fn2 The court thereafter imposed the stipulated sentence, awarding defendant 55 days of presentence custody credit (37 actual days and 18 conduct days).

In response to a motion pursuant to People v. Fares (1993) 16 Cal.App.4th 954, the trial court granted defendant two additional actual days of presentence custody credit, but denied his request for day-for-day conduct credit.

Defendant contends his motion to suppress should have been granted because the officer lacked probable cause to arrest him for any crime. He also renews his contention that he is entitled to day-for-day presentence custody credit. We shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

At the evidentiary hearing on the suppression motion, Shasta County Sheriff's Deputy Kyle Wallace testified as follows:

On May 22, 2011, he reported to an address on Starlight Pines Road in Shingletown in the course of investigating an alleged assault at another residence. It had been reported to him that Angie Powers*fn3 pushed someone in a front yard; the original dispatch report had said defendant pointed a gun at someone at the residence, but the witnesses Deputy Wallace interviewed there did not confirm that report. Deputy Wallace had been to the Starlight Pines Road residence once before and was familiar with defendant's name. He believed the residence to be the home of Angie Powers and/or defendant.

When Deputy Wallace got out of his car, he saw a chain-link latched gate in front of the driveway. As he began to unlatch the gate, he heard a voice say "Shoot me." He saw defendant standing behind a bush in the adjacent yard.

After Deputy Wallace said he would not shoot defendant, defendant stood behind the fence. Deputy Wallace said he needed to speak to "Jake Powers." Defendant pointed to a dog in the yard, said the dog was Jake Powers, and added "shoot him or shoot me." Then he came up to the gate, so that he and the deputy were about two feet apart, separated by the gate.

Deputy Wallace repeated several times that he needed "to speak to Jake and Angie regarding a possible assault." Defendant said he would "fuck [Wallace] up" if the deputy did not leave. He was screaming and clenching his fists. He continuously repeated his threats to "fuck up" the deputy. His breath and person smelled of alcohol, and it ...


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