People v. Manriquez CA5

INTRODUCTION

Perry R. Avila and Ivan A. Manriquez (collectively, appellants) were prison inmates serving life sentences, when they entered the programs office at the prison facility where they were incarcerated and stabbed three correctional officers with inmate- manufactured weapons known as shanks. After being jointly tried before separate juries, Avila was convicted of one count of attempted voluntary manslaughter and two counts of misdemeanor assault, and Manriquez was convicted of three counts of assault with a deadly weapon or by means of force likely to produce great bodily injury by a prisoner serving a life sentence (hereafter, aggravated assault by a life prisoner). Appellants appealed their convictions and the appeals have been consolidated. Appellants raise numerous contentions on appeal, the majority of which we reject for reasons discussed below. However, we agree with Manriquez’s contention, which the People concede, that his abstract of judgment must be amended because it incorrectly reflects that he was sentenced to life without the possibility of parole for his convictions. We further conclude that a one-year sentence enhancement imposed based on Manriquez’s use…