Garcia

Jose Ramon Garcia, a former guard at Pelican Bay State Prison, appeals from his conviction for conspiring to assault and for assault upon an inmate who was targeted for attack because he was serving time for child molestation. (Pen. Code, §§ 182 & 245, subd. (a)(1).) For these crimes and for two counts of possessing alcohol in the prison (§ 4573.8) defendant was sentenced to a term of four years and eight months. We affirm that conviction.

I. Background

The charges against defendant arose from his conduct beginning in January 1994 through September 1995 while he was employed as a correctional officer at Pelican Bay State Prison. The theory of the People’s case was that defendant together with his friend and supervising officer, Sergeant Mike Powers who supervised A yard, conspired with the shot-callers (inmates who are the political power brokers for their gang or racial group) to organize attacks on inmates who had been convicted of molestation of, or criminal acts committed upon, children. Defendant and Powers would provide confirmation from prison records that the targeted inmates had been convicted of such a crime or crimes and the shot-callers would solicit or…