People v. Phillips CA3

I. BACKGROUND

In January 2024, defendant and an accomplice attacked another inmate. After being approached by defendant and his accomplice, the victim inmate fell backwards onto the ground. Defendant wrestled with the victim while his accomplice kicked the victim several times and punched him in the head. Defendant also punched the victim several times. The victim lost consciousness and was treated for lacerations on his knuckles, a bloody lip, and a bump on his head.

The People charged defendant with battery with serious bodily injury (Pen. Code, § 243, subd. (d)—count 1)1 and assault with means likely to produce great bodily injury (§ 245, subd. (a)(4)—count 2). The complaint also alleged two prior strikes (§ 1170.12), an enhancement for great bodily injury (§ 12022.7, subd. (a)), and two prior strike convictions (§ 667, subd. (a)(1)). The People amended the complaint to add two more counts of assault with means likely to produce great bodily injury (§ 245, subd. (a)(4)— counts 3 and 4). In July 2024, defendant agreed to plead no contest to three counts of assault with means likely to produce great bodily injury and to admit one prior strike in exchange for: a 10-year…