P. v. Gomez CA6
Defendant David M. Gomez, while serving a life term in state prison, killed his cellmate Franklin Feliz in 2005. In 2009, defendant assaulted inmates Lynford Perry and Lewis Bruister on separate occasions. The prosecution charged defendant with murder (count 1; Pen. Code, § 187, subd. (a)) and three counts of assault by a person undergoing a life sentence (counts 2, 3, and 4 as to Feliz, Perry, and Bruister respectively; § 4500).
Defendant pleaded not guilty and not guilty by reason of insanity, but during trial he withdrew his insanity plea as to counts 3 and 4. In the guilt phase, a jury found defendant guilty on all counts. At the end of the sanity phase, the trial court granted a directed verdict of sanity as to counts 1 and 2. The court imposed a total term of 75 years to life consecutive to two life terms without the possibility of parole for 27 years.
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