The People v. Harris CA4.1

I.

INTRODUCTION

Michael Harris pled guilty to one count of assault by a state prisoner (Pen. Code,

§ 4501)1 and admitted one prior conviction for a serious or violent felony. The trial court

sentenced Harris to the middle term of four years, doubled to eight years for the prior

conviction. We affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Harris was charged by indictment with one count of assault by a life prisoner

(§ 4500), one count of assault by a state prisoner (§ 4501), and one count of battery on a

nonconfined person by a prisoner (§ 4501.5). As to each count, the indictment also

alleged that Harris committed the offense while confined in a state prison (§ 1170.1,

subd. (c)) and that Harris had suffered a total of five prior serious or violent felony

convictions (§ 1170.12, subds. (a)-(d) and § 667, subds. (b)-(i)).

According to the charging document, the charges against Harris arose out of a

November 21, 2009 incident in which Harris, while incarcerated in state prison, attacked

a correctional officer who was attempting to move Harris to a different unit. Harris

began arguing with the officer, and the officer sprayed Harris with pepper spray…