P. v. Castillo CA5
A jury convicted defendant Richard Yanez Castillo, Jr., of one count of assault with a deadly weapon (count 1) with a gang enhancement, and one count of gang participation (count 2) after multiple inmates attacked a fellow inmate in their prison unit. Defendant admitted he had two prior serious felony convictions within the meaning of Penal Code section 667, subdivision (a)(1) that also qualified as strike offenses. The court denied defendant’s motion to strike his prior strikes and sentenced defendant to 25 years to life in prison for the assault conviction. This term was enhanced by an additional five years for one prior serious felony enhancement and another five years for a gang enhancement. The court also sentenced defendant to 25 years to life on the substantive gang conviction plus an additional five years for one of the prior serious felony enhancements, and ordered that term to run concurrently with defendant’s sentence for assault.
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