People v. Polina CA4/1

INTRODUCTION

This case arose out of crimes committed by a group of inmates─some of whom

were members of the Mexican Mafia prison gang─against a fellow inmate in a prison

yard. In an amended information (information), Geronimo Polina (the appellant in the

current appeal) and his two codefendants at trial─Lionel Alvidrez Quinteros and Alberto

Macias1─were charged with three felony offenses: (1) conspiracy to commit murder

(count 1: Pen. Code,2 §§ 182, subd. (a)(1), 187, subd. (a)); (2) attempted murder (count

2: §§ 187, subd. (a), 664); and (3) assault with a deadly weapon by a prisoner (count 4:

§ 4501). As pertinent here, the information also alleged that Polina committed each

crime for the benefit of, at the direction of, or in association with a criminal street gang,

within the meaning of section 186.22, subdivision (b)(1); and that he had suffered three

prior strike convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)-

(i), 1170.12, 668).

During trial before a single jury─after Quinteros, Macias, and Polina rested and

while the prosecution was presenting the testimony of a rebuttal witness─Macias pulled

out a concealed razor blade and…