People v. Gonzalez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Recitation of facts2 “Defendant, an inmate at Salinas Valley State Prison, approached a correctional officer in the yard on January 29, 2010, complaining of abdominal pain. Defendant told the officer he needed to go see a doctor. Defendant was taken to the prison’s treatment facility, where he told a nurse that he placed something in his rectum a few days earlier. An x-ray was taken at the treatment facility, which revealed what was described as a wrapped ‘dark object’ containing metal. Defendant was transferred to Natividad Medical Center in Salinas, California. “There, he informed medical personnel that the object he had lodged earlier in his rectum had shifted, causing pain.[3] The treating doctor performed a colonoscopy on defendant, and was able to remove the wrapped object. The item was approximately five inches in length and a half an inch wide. At trial, correctional officers testified that the

2 We recite the facts of Gonzalez’s underlying conviction from our opinion in his prior appeal, People v. Gonzalez (Feb. 27, 2013, H037851 [nonpub. opn.]), and from the record in that appeal, of which we take judicial notice. (Evid.…