Salcido

People v. Salcido

Good Law
166 Cal. App. 4th 1303·2008 Cal. App. LEXIS 1429·83 Cal. Rptr. 3d 561
Court of Appeal of CaliforniaSeptember 16, 2008D050330California3,764 words

Opinion

Opinion

McDONALD, J.

Julian Salcido appeals his conviction following his nolo contendere plea to one count of assault by a prisoner with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 4501). On appeal, he contends his conviction must be reversed because the trial court erred by denying his section 1387 motion to dismiss the third complaint filed against him.

FACTUAL AND PROCEDURAL BACKGROUND

On June 15, 2000, Salcido, a prisoner at Calipatria State Prison, struck Sergeant R. Konkel on the head with a six-foot-long board. Konkel sustained a two-inch laceration that required six sutures to close.

First Complaint. On December 11, 2000, a criminal complaint (case No. CF-8297) was filed charging Salcido with battery by a prisoner on a nonconfined person (§ 4501.5) based on the June 15 incident. On January 10, 2001, the trial court questioned Salcido’s competence to stand trial, suspended the criminal proceedings pursuant to section 1368 (despite Salcido’s request to proceed with his preliminary hearing), and ordered a mental health evaluation of Salcido. On February 5, the People moved to dismiss the complaint pursuant to sections 859b and 1368. On…

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