P. v. Garcia CA6
Defendants Angelo Garcia and Eric Ruiz, inmates at the Salinas Valley State Prison, appeal from judgments entered after a jury trial resulting in their convictions of attempted murder and related crimes against a fellow inmate. Both defendants seek reversal based on the court’s denial of their joint “Pitchess” motion to discover personnel records of correctional officer witnesses. Defendants further assert error in an instruction relating to the intent necessary for attempted murder; in addition, defendants contend they should have received instructions on self defense by Ruiz and defense of others by Garcia. Both also assert ineffective assistance of counsel based on trial counsel’s failure to object to prosecutor misconduct, and Garcia contests the sentence he received on one of the counts. We find merit in the last argument by Garcia; accordingly, on that ground alone we will modify the judgment as to that defendant.
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