People v. Carbajal CA1/1
A161025
| Cal. Ct. App. | Dec 6, 2021Background
- May 24, 2017 riot at Pelican Bay State Prison: inmates from adjacent yards surged toward two fighting inmates; officers were overwhelmed and eight correctional officers were assaulted, five suffering severe, disabling injuries.
- Defendant (a California life prisoner) was charged with 16 counts: eight counts of assault by a state prisoner (§ 4501(b)) and eight counts of assault by a life prisoner (§ 4500), each count tied to a different officer.
- At trial, defendant was convicted on all 16 counts; prior murder/serious felony/strike allegations were admitted; sentence imposed was 59 years to life consecutive.
- Defendant sought appointment of two defense experts (a corrections expert, Daniel Vasquez, and a medical/O.C. spray expert, Dr. Allen); the trial court denied appointment and the defense sought their testimony during trial.
- On appeal the court reviewed (1) denial of experts, (2) sufficiency of evidence for seven § 4500 convictions premised on the natural-and-probable-consequences theory, (3) whether convictions should be reduced under People v. Chiu, and (4) whether dual convictions under §§ 4500 and 4501(b) were improper. The court reversed seven § 4500 counts, affirmed the remainder, and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of appointment/ testimony of corrections and O.C. experts | Trial court properly exercised discretion; late or unsupported requests; evidence available to defense | Experts were necessary for preparation and to show feigned participation / to rebut O.C. exposure and identification | No abuse of discretion; exclusion harmless beyond a reasonable doubt (medical records and eyewitness ID undermined prejudice) |
| Sufficiency of evidence for seven § 4500 convictions (natural & probable consequences) | Evidence supported aider-and-abettor liability because assaults were foreseeable consequences of the riot | No evidence those other assailants were life prisoners; § 4500 requires the assailant be a life prisoner | Conceded/held insufficient: seven § 4500 convictions reversed (no proof other assailants were life prisoners) |
| Validity of upholding § 4500 conviction for McCully when prosecution emphasized natural-and-probable-consequences theory | Prosecution argued aiding/abetting riot and also presented direct-assault evidence against McCully | Defendant argued jury relied on the invalid aider/abetter theory and conviction must be reversed | Count for McCully (one § 4500) affirmed because substantial direct-evidence support existed and prosecution argued direct assault; no affirmative showing jury relied solely on invalid theory |
| Double convictions under §§ 4500 and 4501(b) for same conduct | § 4501(b) applies except where § 4500 applies; court should not permit dual convictions for the same assault | Dual convictions violate the rule against multiple convictions for the same conduct and Williamson principle | Court agreed as to the McCully § 4501(b) pairing (statutory language bars § 4501(b) when § 4500 applies) and, because seven § 4500 counts were reversed, no surviving impermissible duplicate convictions remained; remand for resentencing |
Key Cases Cited
- People v. Hajek and Vo, 58 Cal.4th 1144 (Cal. 2014) (ancillary services/expert appointment standard for indigent defendants)
- People v. Chiu, 59 Cal.4th 155 (Cal. 2014) (limits on natural-and-probable-consequences doctrine for first-degree murder)
- People v. Watson, 46 Cal.2d 818 (Cal. 1956) (harmless-error review)
- Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless-beyond-a-reasonable-doubt standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance-of-counsel standard)
- People v. Guiton, 4 Cal.4th 1116 (Cal. 1992) (prejudice when jury relies on an invalid theory)
- People v. Flores, 2 Cal.App.5th 855 (Cal. Ct. App. 2016) (declining to extend Chiu beyond first-degree murder)