People v. Washington

Opinion

STEIN, J.

Donald Washington, an inmate at Pelican Bay State Prison, appeals from his convictions of battery by an inmate on a noninmate (Pen. Code, § 4501.5), resisting arrest (Pen. Code, § 148) and assault likely to produce great bodily injury (Pen. Code, § 245). Washington contends (1) that he was deprived of his right to a Marsden hearing (People v. Marsden (1970) 2 Cal.3d 118 [84 Cal.Rptr. 156, 465 P.2d 44]), and (2) that the court committed sentencing error. We will affirm Washington’s conviction, but will remand the matter to the superior court for resentencing.

The charges against…