People v. Griffith CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2012, Griffith was incarcerated at Calipatria State Prison, where he was

serving a prison sentence for a 2011 robbery conviction. During a visit with his wife,

Griffith began punching her in the face with both fists until he was subdued by a

correctional officer.

An Imperial County Grand Jury returned an indictment charging Griffith with one

count of battery on a non-confined person by a prisoner (§ 4501.5). The indictment also

alleged the battery was committed while confined in a state prison (§ 1170.1, subd. (c))

and that Griffith had three prior serious or violent felony convictions (§§ 1170.12, subds.

(a)-(d), 667, subds. (b)-(i)). Griffith initially pleaded not guilty.

Following negotiations with the prosecution, Griffith changed his plea. Griffith

agreed to plead no contest to battery of a non-confined person by a prisoner and admitted

one prior serious or violent felony conviction allegation. As part of the plea agreement,

1 Further statutory references are to the Penal Code. 2 the prosecution stipulated to a two-year sentence. The sentence was to run consecutively

to Griffith's original term and another term…