P.

FACTS AND PROCEDURE

On February 16, 2011, deputies responded to banging and moaning noises coming

from a holding cell at the county jail in Riverside. They found the victim bleeding

heavily from a laceration on his head. The deputies removed the victim from the cell and

he was taken to the nurse’s station. Defendant was the only one of the eight other

occupants of the cell to have swelling and abrasions on his knuckles. He was also

breathing heavy and perspiring.

The victim identified defendant as his attacker when defendant was pointed out to

him. The victim told the interviewing deputy that defendant had approached him in the

holding cell and asked him where he was from. The victim stated he was from Riverside.

Defendant identified himself as a member of a particular gang. The victim stated that he

was not in a gang and that he was old enough to be defendant’s father. At that point,

defendant began to punch the victim in the head and face. Defendant punched him eight

to ten times while saying “I’m going to kill you.” The victim fell on the floor and lost

consciousness. Another prisoner in the holding cell testified at trial that, after the victim

fell to the…