People v. Benson CA3

FACTS AND PROCEEDINGS

On September 5, 2021, while incarcerated at the California Health Care Facility (CHCF), defendant was involved in a physical altercation with a correctional officer. At trial, the officer testified that defendant attacked him after he gave defendant an order to

1 go back to his unit, while defendant testified that he punched the officer after the officer had disrespected and provoked him, causing him to fear for his safety with the other inmates. More than 19 months after the altercation, on April 13, 2023, the People filed a complaint charging defendant with one count of battery by a prisoner. (Pen. Code, § 4501.5.) After a preliminary hearing, the People filed an information that added the allegations that defendant personally inflicted great bodily injury (id., § 12022.7) and defendant was previously convicted of a serious crime (id., §§ 1170.12, subd. (b), 667, subd. (d)). Before trial, defendant filed a motion to dismiss for speedy trial violations. The People opposed the motion. Following a hearing, the trial court denied the motion. A jury found defendant guilty of battery, but found not true the great bodily injury allegation. In bifurcated…