Nava

BACKGROUND

Nava is a prisoner serving a life sentence. While serving his sentence, Nava stabbed another inmate in the neck, back, and elsewhere with a sharpened piece of metal. The other inmate survived. Nava was afterward charged with three crimes: (1) possessing a weapon in a penal institution (§ 4502, subd. (a)), (2) assaulting another with a deadly weapon and with malice aforethought while a life prisoner (§ 4500), and (3) assaulting another with a deadly weapon while a prisoner (§ 4501, subd. (a)). The charging document also alleged

1 Undesignated statutory references are to the Penal Code.

2 that various aggravating circumstances existed and that Nava had two prior strike convictions. (§§ 667, subds. (b)-(i), 1170.12.) A jury found Nava guilty on all counts. It also found true the alleged aggravating circumstances and prior strike convictions. The trial court sentenced Nava to 27 years to life for the assault with a deadly weapon under section 4500 and, to be served concurrently, 25 years to life for possessing a weapon in a penal institution. It also imposed but stayed sentence for the assault with a deadly weapon under section 4501. Nava filed a timely notice of appeal…