People v. Lipsey CA5

INTRODUCTION

Appellant and defendant Christopher Lipsey, who was serving a life term in the California Department of Corrections and Rehabilitation (CDCR), was convicted after a jury trial of violating Penal Code1 section 4501, subdivision (a), assault with a deadly weapon by a state prison inmate. He was sentenced to the second strike term of 22 years, consecutive to the indeterminate term he was already serving. On appeal, defendant argues he could not be convicted of violating section 4501 because he was serving a life term at the time of the offense; that statute is not applicable to inmates serving life terms; and his conviction must be reduced to the lesser included offense of assault with a deadly weapon in violation of section 245, subdivision (a)(1). He also argues the trial court should have granted his section 1381 motion to dismiss the information because the district attorney did not timely file charges against him. Defendant further asserts the court improperly imposed a restitution fine and other fees without determining his ability to pay, and the matter must be remanded for resentencing because of the recent enactment of Senate Bill No. 567 (2021–2022 Reg. Sess.)…