People v. Washington

Donald Washington, an inmate at Pelican Bay State Prison, appeals from his convictions of battery by an inmate on a noninmate (Pen. Code, § 4501.5), resisting arrest (Pen. Code, § 148) and assault likely to produce great bodily injury (Pen. Code, § 245). Washington contends (1) that he was deprived of his right to a Marsden hearing (People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 465 P.2d 44 ]), and (2) that the court committed sentencing error. We will affirm Washington’s conviction, but will remand the matter to the superior court for resentencing.

The charges against Washington arose from an alleged attack by him on Correctional Officer Michael Randolph. It was further alleged that Washington previously had been convicted of two serious felonies: murder and assault by an inmate on a noninmate. Washington entered pleas of not guilty and not guilty by reason of insanity. His trial was trifurcated. Following the first phase, the jury determined that Washington had in fact committed the charged offenses. Following the second phase, the jury returned a verdict that Washington was sane at the time he committed the offenses. At the third and final phase, the jury…