Mendez

A jury found appellants Robert Mendez and Anthony Perez guilty of battery with infliction of serious bodily injury on a fellow inmate at the California Substance Abuse Treatment Facility in Corcoran. (Pen. Code, § 243, subd. (d).) The trial court found true the allegations that Mendez had five strike priors and that Perez had two, declined to strike any of them, and sentenced each to a 25-year-to-life term in state prison.

On appeal, Mendez argues that the trial court’s failure to hold a hearing on the grievance in his new trial motion about the competence of his trial attorney requires a remand for a Marsden hearing. Solely as to Mendez, we will reverse the judgment and remand the matter with directions to the trial court to hold a Marsden hearing and, on that foundation, to appoint new counsel on his new trial motion, to reinstate the judgment or to proceed otherwise as authorized by law.

On appeal, Perez argues that his assault with a deadly weapon strike prior is invalid, that the trial court committed an abuse of discretion by declining to strike his assault with a deadly weapon strike prior, and that he is entitled to additional presentence credits over and above…