People v. Padilla CA1/2

BACKGROUND

The Attempted Murder Conviction and Initial Sentence2 In 2011, a jury convicted defendant of 13 crimes arising from different incidents that took place in 2005, 2006, and 2008. (Padilla, supra, A139259.) For the 2006 incident, defendant was convicted of attempted premeditated murder (§§ 187, 664; count one) and assault with a deadly weapon (§ 245, subd. (a)(1); count two). (Padilla, supra, A139259.) The jury also found true the allegations accompanying both charges that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) and committed the offenses to promote a criminal street gang (§ 186.22). (Ibid.) According to the evidence at trial, on October 3, 2006, defendant and his accomplice Ismael Contreras, while incarcerated at the county jail, attacked another inmate in his cell with weapons fashioned out of jail-issued razors. (Padilla, supra, A139259.) Contreras sliced the victim’s throat, and defendant sliced the victim’s back, neck, stomach, and right temple. As the victim stumbled out of his cell, defendant and Contreras followed him and continued to attack him by kicking and swinging at him. Deputies assisted the victim to safety, and he…