People v. Watkins CA5

Filed 9/16/25 P. v. Watkins CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F088193 Plaintiff and Respondent, (Super. Ct. No. DF017258A) v.

PATRICK WATKINS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Eric L. Christoffersen and Dina Petrushenko, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Levy, J. and Franson, J.

A jury convicted defendant Patrick Watkins, a prison inmate serving a life sentence, of assault with a deadly weapon with malice aforethought in violation of Penal Code section 45001 as well as assault by a prisoner with a deadly weapon (§ 4501, subd. (a)) and assault by a prisoner by means of force likely to produce great bodily injury (§ 4501, subd. (b)). Defendant’s sole contention on appeal is that he cannot be convicted of both section 4500 and section 4501. The People agree, and we reverse defendant’s section 4501 convictions but otherwise affirm the judgment. PROCEDURAL BACKGROUND The District Attorney of Kern County filed an amended information on May 6, 2024, charging defendant with assault with a deadly weapon with malice aforethought by a life prisoner (§ 4500; count 1), assault with a deadly weapon by a prisoner (§ 4501, subd. (a); count 2), assault by means of force likely to produce great bodily injury by a prisoner (§ 4501, subd. (b); count 3), and possession of a sharp instrument while confined in a penal institution (§ 4502, subd. (a); count 4). The amended information also alleged that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) as to counts 1 through 3, personally used a weapon (§ 12022, subd. (b)(1)) as to count 1, had 18 prior strike convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12), and had two prior serious felony convictions (§ 667, subd. (a)). Several aggravating sentencing factors were also alleged. Defendant pleaded not guilty and denied all allegations. On May 16, 2024, after a six-day trial, the jury convicted defendant of all charges and found true that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) and personally used a weapon (§ 12022, subd. (b)(1)). After defendant waived his right to a jury trial regarding his prior strike and serious felony convictions and the factors in aggravation, the trial court found all the allegations true.