P. v. Mulato CA5
In 2017, defendant Martin F. Mulato and a codefendant, both inmates, were involved in a fight against a third inmate, whom they struck multiple times with their fists. The victim had minor injuries to his face and body, and he was transported to the hospital due to temporary loss of consciousness, but no further injuries were reported.
Defendant was charged with two felonies, assault by a prisoner with a deadly weapon (fists) and with force likely to produce great bodily injury (GBI), with an attached sentence enhancement for personal infliction of GBI (count 1), and battery with infliction of serious bodily injury (count 2). (Pen. Code, §§ 4501, 12022.7, subd. (a), 243, subd. (d). The information also alleged that defendant suffered one prior serious or violent felony conviction within the meaning of the “Three Strikes” law. (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d).)
The parties were unable to reach a plea agreement and the matter was confirmed for trial.
Comments on P. v. Mulato CA5