People v. Bratton CA5

INTRODUCTION

In May 2013 appellant Dennis Bratton was serving a life sentence in prison with the possibility of parole1 when he beat to death his cellmate, Andrew Keel. A jury convicted appellant of aggravated assault by a life prisoner (Pen. Code, § 4500;2 count 1). He was sentenced to life without the possibility of parole (LWOP), plus enhancements of 15 years.3 Appellant contends that multiple instructional errors occurred. He asserts that California law is flawed regarding certain aspects of self-defense, imperfect self-defense and voluntary manslaughter. He also argues that the trial court should not have instructed the jury on the doctrine of mutual combat. We reject these claims. However, we agree with the parties that the trial court improperly imposed a suspended parole revocation fine (§ 1202.45). We modify the judgment to strike that fine, but otherwise affirm.

BACKGROUND

When this homicide occurred, appellant and Keel4 were cellmates at Kern Valley State Prison, a level IV maximum security prison. Appellant and Keel chose to live together, and they had resided in the same cell for about seven months. At trial, appellant told the jury that Keel had been his friend.…