P. v. Langston CA4/1
Cyrus Langston, a jail inmate, punched from behind another inmate, John Amezquita, breaking his jaw. Amezquita was being verbally, but not physically, aggressive toward a third inmate. Langston was convicted of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4), count 1), with a true finding that he personally inflicted great bodily injury (§ 12022.7, subd. (a), and battery with serious bodily injury (§ 243, subd. (d), count 2). He admitted a prior prison conviction
(§ 667.5, subd. (b)) and a prior strike conviction (§ 667, subds. (b)-(i)) that was also a conviction of a serious felony. He claims that the trial court erred in refusing to grant a new trial due to the failure of a witness to comply with a subpoena, and that his counsel provided ineffective assistance by eliciting more information than was necessary about his prior felony convictions.
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