People v. Borges CA5

INTRODUCTION

Appellant/defendant Marcus Borges, an inmate at Corcoran State Prison, attacked another inmate, and pleaded no contest to assault by means of force likely to produce great bodily injury while confined in a state prison. He was sentenced to two years pursuant to a negotiated disposition. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We will affirm.

FACTS

On July 14, 2012, defendant and John Hovarter (Hovarter) were cellmates at Corcoran State Prison. At 6:30 p.m., Correctional Officer Rolie Simpliciano was on duty as the inmates returned to their cells after dinner. He noticed a commotion on the upper tier and saw defendant and Hovarter aggressively hitting Inmate Jetton (Jetton) with their clenched fists. Defendant and Hovarter were punching Jetton in the face and upper torso. Jetton backed up, raised his arms, and tried to cover his face. The correctional staff responded to the tier to break up the fight and ordered all the inmates on the floor. Correctional Officer Edgar Mendez…