People v. Keen CA6

I. BACKGROUND1

Defendant killed his cellmate at Salinas Valley State Prison in October 2013. In August 2016, defendant slashed another inmate’s face with an inmate-manufactured weapon during a fight. The Monterey County District Attorney charged defendant with murder (Pen. Code, § 187, subd. (a), count 1)2 and assault with a deadly weapon by a state prisoner (§ 4501, subd. (a), count 2) based on the 2013 killing. The information alleged that defendant personally used a deadly weapon within the meaning of section 12022, subdivision (b)(1) in the commission of the murder and that he personally used a deadly weapon within the meaning of sections 667 and 1192.7 in the commission of the assault (§ 969f, subd. (a)). The information charged defendant with assault with a deadly

1 We take the facts and portions of the procedural history from our prior opinion in case No. H046654, where they are set forth more fully, as well as from the record in that appeal. On our own motion, we take judicial notice of our prior opinion and of the record in case No. H046654. (Evid. Code, §§ 452, subd. (d), 459.) 2 All further statutory references are to the Penal Code unless otherwise…