The People v. Sanchez CA3

Filed 9/5/13 P. v. Sanchez CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C072766

Plaintiff and Respondent, (Super. Ct. No. 11F00569)

v.

GILBERT SANCHEZ,

Defendant and Appellant.

A jury found defendant Gilbert Sanchez guilty of assault with a deadly weapon by a prisoner not serving a life sentence (Pen. Code, § 4501; count one) and possession of a sharp instrument by a prisoner (Pen. Code, § 4502, subd. (a); count two). The trial court found that defendant had three prior serious or violent felony convictions. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) Defendant’s request to strike the prior convictions for purposes of sentencing was denied. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) He was sentenced to prison on count one for 25 years to life consecutive

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to the term he was then serving. Sentence on count two was stayed pursuant to Penal Code section 654. Defendant was awarded no presentence credit and was ordered to pay a $200 restitution fine (Pen. Code, § 1202.4) and a $200 restitution fine suspended unless parole is revoked (Pen. Code, § 1202.45).

FACTS Prosecution Case-in-Chief John Zuber is a correctional sergeant at California State Prison Sacramento. On July 14, 2010, he was a yard sergeant at the prison’s C facility. Around 11:40 a.m., Zuber saw two inmates engaged in an altercation. One of the inmates (later identified as defendant) was hitting the other (later identified as inmate Jorge Barrera) in the upper torso area using a stabbing or striking motion. Sergeant Zuber yelled for the inmates to “get down” and, on his radio, he announced the incident to the observation tower. The two fighting inmates obeyed the command. During the incident, Sergeant Zuber saw a weapon being used and saw a blue object in defendant’s hand. Zuber went to the site of the incident and stepped on the weapon, which was about three feet from defendant, in order to assure that no other inmate could grab it. Zuber later gave the weapon to Officer Lewis. The weapon looked like a toothbrush with its bristles broken off. The object was sharpened at one end. The victim, Barrera, had injuries to his back, chest, and the right rear of his head. The chest injury included an abrasion, a scratch, and active bleeding. The head injury consisted of a puncture wound and active bleeding. There were no visible abrasions or wounds on defendant’s hands or other parts of his body.