10/14/14 People v. Martinez CA2/7

INTRODUCTION

A jury convicted Daniel Gonzales, a prison inmate, of attempted willful, deliberate, and premeditated murder and aggravated assault by a state prisoner. The jury also convicted Isaac Martinez, a prison inmate serving a life sentence, of attempted willful, deliberate, and premeditated murder and aggravated assault by a life prisoner. Gonzales contends that the judgment should be reversed because of evidentiary error, instructional error, and prosecutorial misconduct. Martinez contends that the trial court sentenced him incorrectly. Because we conclude that only Martinez’s contention has merit, we modify his sentence, and otherwise affirm the judgments.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Attack On June 28, 2012 Angelo Flores, a correctional officer at Lancaster State Prison, was stationed in an observation tower overlooking the “B yard” when he saw Martinez and Gonzales fighting with fellow inmate Johnny Haro. A small group of the 15 to 20 inmates in the yard was watching the fight from about 20 feet away. None of the observers assisted or came to the aid of the combatants. Gonzales was the tallest and largest of the three men, and Haro was the smallest.…