People v. Fisher CA3

I. BACKGROUND

On February 8, 2023, defendant attacked a fellow prison inmate. Based on this incident, a jury found defendant guilty of assault with a deadly weapon by a prisoner (§ 4501, subd. (a)) and possession of a weapon in a prison (§ 4502, subd. (a)). As to the assault, the jury found true that defendant personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). Defendant admitted two aggravating circumstances and that he had suffered three prior strike convictions. The trial court sentenced defendant to 25 years to life for the assault conviction (due to the prior strikes), three years for the great bodily injury enhancement, and two five-year terms for prior serious felony enhancements. The court’s oral pronouncement did not indicate whether defendant’s 25 years-to-life sentence would be consecutive to the sentence defendant was already serving, but the indeterminate abstract of judgment indicates that this sentence was consecutive. The court stayed punishment for the possession conviction pursuant to section 654 without imposing a sentence. Nonetheless, the determinate abstract of judgment indicates that the trial court imposed the upper term for this…