People v. Alamillo CA6

I. BACKGROUND3

In 2014, Alamillo was charged by information with one felony count of assault with a deadly weapon (§ 245, subd. (a)(1); count 1) and two felony counts of battery upon a custodial officer (§ 243.1; counts 4 and 5). Alamillo was also charged with two misdemeanors: resisting, obstructing or delaying a peace officer (§ 148, subd. (a); count 2) and assault upon a custodial officer (§ 241.1; count 3). The information alleged as to count 1 that Alamillo had suffered a prior serious conviction within the meaning of section 667, subdivision (a)(1). As to counts 1, 3, 4 and 5, the information alleged that Alamillo had served a prior prison term within the meaning of section 667.5, subdivision (b) and that he had suffered a prior strike conviction within the meaning of section 667, subdivisions (b) through (i). Alamillo pleaded not guilty and NGI to all counts and waived his right to a jury trial. The district attorney dismissed counts 2 through 5. After considering the evidence, the court found Alamillo guilty on count 1 and found true the allegations that he served a prior prison term and suffered a prior strike conviction. However, the trial court also determined that…