Jeter
People v. Jeter
Opinion
Opinion
O'Rourke, J.
A jury convicted Jerome Gene Jeter of assault by a prisoner serving a life sentence (Pen. Code, § 4500) and possession of a stabbing weapon while in custody (§ 4502, subd. (a)). The court found Jeter had two prior strike convictions. (§§ 667, subds. (b)-(i), 1170.12.) The court sentenced Jeter to 25 years to life for the assault and stayed the sentence for possession under section 654. Jeter contends (1) the court committed reversible error by instructing with CALJIC Nos. 1.22 and 3.30, and by failing to modify CALJIC No. 9.00; (2) the prosecutor committed misconduct during closing argument; and (3) the abstract of judgment must be amended to conform to the court’s sentence. We agree the court committed reversible error by giving conflicting jury instructions as to assault by a life prisoner (§ 4500) and reverse the conviction for that offense. In all other respects, we affirm.
FACTUAL AND PROCEDURAL HISTORY
Jeter’s first trial ended in a mistrial on March 14, 2003, because the jury could not reach a verdict. This trial began on May 6, 2003.
Abdulmalik Saafir, a chaplain at Calipatria State Prison, testified that on May 29, 2001, about 11:00 a.m., he was in the C yard…