People v. Falcon CA2/1

FACTS AND PROCEEDINGS BELOW

In two separate incidents in 2001, while Falcon was in custody for an earlier offense, he participated in attacks on sheriff’s deputies. During one of those attacks, he used a prison-made knife. On two other occasions, deputies found him in possession of a jail-made weapon. A jury convicted him of four counts of assault on a peace officer in violation of section 245, subdivision (c), along with three counts of possession of a weapon while in custody in a penal institution, in violation of section 4502, subdivision (a). Because Falcon had two previous strike convictions, the court sentenced him under the Three Strikes law (§§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)) to seven consecutive 25-year-to-life terms, plus a five-year enhancement, for a total of 180 years to life in prison. In December 2013, Falcon petitioned for resentencing pursuant to Proposition 36, contending that his convictions were not for serious or violent felonies. The court denied his petition, concluding that he was ineligible for resentencing because one of his assault convictions involved the use of a deadly weapon and was therefore a serious felony pursuant to section…