P. v. Xavier CA6
Defendant Gary Xavier, while incarcerated on unrelated charges, attacked fellow inmates with manufactured weapons on two separate occasions. He was subsequently convicted by a jury of two counts of assault with a deadly weapon by a state prisoner (Pen. Code, § 4501, counts 1 & 3) and two counts of custodial possession of a weapon (§ 4502, subd. (a), counts 2 & 4). The jury further found true the allegations that the offenses constituted serious felonies (§ 1192.7, subd. (c)(23)) and that Xavier personally inflicted great bodily injury on each of the victims (§ 12022.7, subd. (a)). In a bifurcated proceeding, the trial court found Xavier had suffered four prior felony convictions within the meaning of section 1170.12, subdivision (c)(2).
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