Garcia

On February 16, 1984, the Madera County District Attorney filed an information in superior court charging defendants David Garcia and Juan Belmontes with battery upon a custodial officer. (Pen. Code, § 243.1.) The information also alleged defendant Garcia served a prior prison term and defendant Belmontes had served two prior prison terms within the meaning of section 667.5, subdivision (b).

At trial, the lower court denied a motion in limine regarding defendants’ contention that Madera Department of Corrections employees are not custodial officers. (§ 831.) Both defendants then waived their rights to a jury trial on the issue of their prior prison terms and admitted those allegations. Thereafter, the trial court denied defendant Garcia’s motion for a mistrial. The court also denied defendant Belmontes’ motion for acquittal pursuant to section 1118.1. The jury found defendants guilty as charged.

The trial court sentenced defendants Garcia and Belmontes to eight months in prison (one-third of the middle term of two years) to be served consecutively with sentences imposed in their other pending cases. Both defendants filed timely notices of appeal.

Facts

On January 26,…