People v. Thompson CA3

FACTS AND HISTORY OF THE PROCEEDINGS

While defendant was incarcerated in 2016, correctional officers observed another inmate pass him an object that he appeared to place in his sock. A subsequent search of defendant’s person revealed that defendant had a plastic object sharpened to a point in his sock. During the search, defendant physically assaulted a correctional officer, punching him several times before being subdued. A jury found defendant guilty of battery on a nonconfined person (§ 4501.5, count one); and possession of an inmate manufactured weapon (§ 4502, count two). The jury found true the allegation that defendant was armed with a stabbing weapon during the battery offense (§§ 667, subd. (e)(20(C)(iii), 1170.12, subd. (C)(2)(C)(iii)), and the trial court found two prior strike allegations true (§§ 667, subd. (e)(2), 1170.12, subd. (c)(2)). Defendant was sentenced to 25 years to life in prison for count one, to be served consecutively to any other sentence defendant was already serving; and a four-year term on count two was stayed (§ 654). The trial court imposed a $10,000 restitution fine (§ 1202.4) and an identical parole revocation restitution fine, which was…