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People v. Gjersvold

California Court of Appeals, Fourth District, Second Division

October 15, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
MATTHEW JOHN GJERSVOLD, Defendant and Appellant.

APPEAL from the Superior Court of Riverside County, No. BAF1300110 Charles J. Koosed, Judge.

Page 747

COUNSEL

Steven L. Harmon, Public Defender, and Joseph J. Martinez, Deputy Public Defender, for Defendant and Appellant.

Page 748

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland, and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RICHLI, J.

I

INTRODUCTION

On February 2, 2013, a first amended information charged defendant and appellant Matthew John Gjersvold with unauthorized entry onto prison grounds by an ex-convict[1] under Penal Code[2] section 4571. The information also alleged that defendant had served a prior prison term under section 667.5, subdivision (b).

On May 23, 2013, the jury found defendant guilty as charged. Thereafter, defendant admitted the truth of the prior prison term allegation.

On June 21, 2013, the trial court granted defendant five years probation on the condition that he serve 365 days in custody.

On August 12, 2013, defendant filed his notice of appeal. Defendant’s sole contention on appeal is that the trial court improperly instructed the jury that a jail officer must give informed consent for an ex-convict’s entry upon jail grounds to be ...


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