Cabral

Ricardo Cabral and Daniel Gonzales were each convicted of assault with a deadly weapon upon one Basil Louis in violation of Penal Code section 245, subdivision (a) (count I). Also, they were each convicted of carrying a dirk or dagger concealed upon their persons in violation of section 12020 (count III). Cabral was also convicted of assault with-a deadly weapon upon Louis in violation of section 4501, Cabral being a person confined in a state prison other than a person undergoing a life sentence (count II). Each appeals. We affirm the judgment with respect to Gonzales. We reverse the judgment as to counts I and III with respect to Cabral, affirm his conviction as to count II and remand the matter to the trial court to impose sentence upon him as to count II.

I.

Facts

The facts may be simply stated. Cabral and Gonzales were each inmates of the Los Angeles County jail as was the victim, Basil Louis. Another inmate, one Malczewski, saw Cabral and Louis engage in a fight, with Cabral on top of Louis. At this time, Cabral said something in Spanish which Malczewski could not make out. About 30 seconds later Gonzales took the alleged dirk or dagger from his pocket and gave…