People v. Carbajal CA1/1

I. BACKGROUND2

In 2017, while serving a life sentence, Carbajal participated in a riot that severely injured several correctional officers. A jury convicted him of 16 counts of assault in connection with the incident. Eight were counts of assault by a life prisoner by means of force likely to produce great bodily injury (assault by a life prisoner), and the other eight counts were assault by a state prisoner by means of force likely to produce great bodily injury (assault by a state prisoner). The trial court sentenced him to 59 years to life in prison, which included five years for a prior serious felony enhancement. In his first appeal, we reversed seven of the convictions for assault by a life prisoner and one conviction for assault by a state prisoner, and we remanded the matter for resentencing. (People v. Carbajal, supra, A161025.) On remand, the trial court sentenced Carbajal to 31 years to life in prison. He appealed. We again reversed and remanded for resentencing. We concluded defense counsel rendered prejudicial ineffective assistance at the resentencing hearing. (People v. Carbajal, supra, A165143.) The trial court held a third resentencing hearing in July 2023. In…