People v. Zuniga CA4/2

I. FACTUAL AND PROCEDURAL HISTORY

Defendant admitted that on March 1, 2014, while in prison, he “got in an assault

situation with another person, and that person suffered great bodily injury . . . .” The

People charged defendant by felony complaint with assault by a person confined in a

California state prison upon another individual with a deadly weapon and by means of

force likely to cause GBI. (§ 4501; count 1.) The People additionally alleged defendant

had caused GBI upon the victim of the assault (§§ 12022.7, subd. (a), 1192.7, subd.

All further statutory references are to the Penal Code unless otherwise indicated.

2 (c)(8)), had suffered three prior prison terms (§ 667.5, subd. (b)), and suffered one prior

strike conviction (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)). On October 6, 2014,

during defendant’s arraignment, the court advised defendant of his constitutional rights.

On April 10, 2015, defendant signed and initialed a plea agreement. Defendant

initialed all five provisions of the plea agreement advising him of his constitutional rights

to a speedy and public trial by a judge or jury, to face and cross-examine witnesses

against him, to…