People v. Leavy CA5

STATEMENT OF THE CASE

A felony complaint charged Carnell Leavy and his co-defendant, Marcelle Gray, with assault with a deadly weapon while in custody (§ 4501, subd. (b); count 1); assault with a deadly weapon by a prisoner undergoing a life sentence (§ 4500; count 2); and unlawful possession of a sharp instrument while in prison (§ 4502, subd. (a); count 3). As to count 1, it was also alleged that Leavy personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). As to all three counts, it was further alleged that Leavy had suffered three prior convictions, arising from the same 1995 Madera County case, which qualify as strikes under sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d). Finally, it was alleged that these prior 1995 convictions qualified for a five-year enhancement under section 667, subdivision (a). Leavy was already serving a sentence of life without the possibility of parole. On September 24, 2020, Leavy waived his constitutional rights, pled no contest to an amended count 1, which now alleged a violation of section 4501, subdivision (b), and admitted a strike allegation in exchange for an…