P. v. Daniel CA1/2
While in custody in a San Mateo County jail, defendant Richard Steven Daniel, Jr., attacked another inmate, and a peace officer was injured while trying to stop the attack. Defendant was convicted of actively participating in a criminal street gang (among other offenses), and the jury found true the enhancement allegation that he personally inflicted great bodily injury on the officer in the commission of the offense. Defendant contends the evidence was insufficient to support the finding he personally inflicted great bodily injury on the peace officer. He also argues remand is required to allow the trial court to exercise its sentencing discretion under Senate Bill 1393 (2017–2018 Reg. Sess.) (S.B. 1393).
We reject defendant’s first contention, but we will remand for resentencing under S.B. 1393.
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