People v. Diaz

*299Opinion by

Judge J. JONES.

T1 Defendant, Joseph Phillip Diaz, appeals the sentence entered on a jury verdict finding him guilty of second degree assault. We vacate the sentence and remand the case to the district court for resentencing.

I. Background

{2 On August 11, 2009, defendant punched a prison guard in the eye while serving a sentence on other charges (the first assault). On September 29, 2009, the People charged defendant with second degree assault of a detention center employee, see § 18-3-208(1)(F), C.R.8.2011, arising from that incident.

T3 On October 22, 2009, defendant, while still…