Perez

People v. Perez

Caution
1992 Cal. App. LEXIS 341·4 Cal. App. 4th 893·6 Cal. Rptr. 2d 141·92 Daily Journal DAR 3634·92 Cal. Daily Op. Serv. 2349
Court of Appeal of CaliforniaMarch 17, 1992D011990California5,735 words

Opinion

Opinion

Wiener, J.

A jury found defendant David Castro Perez, a prisoner, guilty of assault with a deadly weapon (Pen. Code, § 4501) and possessing a deadly weapon (§ 4502). The jury also found Perez personally used a deadly weapon under section 1192.7, subdivision (c)(23) as to both counts. Perez appeals, contending the evidence was insufficient to support the judgment and the court erred in denying his motions for self-representation and for new trial based upon jury misconduct. For the reasons set forth below, we remand for the court to conduct a limited inquiry on issues relating to Perez’s new trial motion. We affirm the judgment in all other respects.

I.

Sufficiency of the Evidence

A.

Perez and the victim, Anel Rojas, were inmates at the Donovan State Prison in San Diego. On the date of the stabbing, Rojas and Perez were standing outside in the exercise yard. Officer Frank Ardilla stood in a control booth overlooking the yard. Ardilla saw Rojas and Perez engage in a “verbal argument,” which “seemed very heated.” As Perez and Rojas walked towards the housing unit, Ardilla saw Perez charge at Rojas with his arm uplifted. Rojas attempted to defend himself but was too late, and Perez…

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