Life-Sentenced California Prisoner Cannot be Convicted Under Both §§ 4500 and 4501
While serving a life sentence, Richard Manuel Nava stabbed a fellow California state prisoner multiple times with a sharpened piece of metal. He was charged under Pen. Code § 4502(a) for possessing a weapon in a penal facility; under § 4500 for assault with a deadly weapon and with malice aforethought while a life prisoner; and under § 4501 for assault with a deadly weapon while a prisoner.
Following a jury trial and guilty verdicts on all counts, he was sentenced to 27 years to life for the § 4500 offense concurrent with 25 years to life for the weapons possession charge. The sentence for the § 4501 offense was stayed, and Nava appealed.
The Court of Appeal, Third Appellate District, reversed his conviction under § 4501 on December 18, 2024, holding a life-sentenced prisoner cannot “be convicted under both sections 4500 and 4501 for the same conduct.” The appellate court’s analysis focused on the introductory phrase of § 4501, which states, “Except as provided in section 4500….”
It noted that in other cases such language precluded a defendant from being charged with other sections of the Penal Code for the same conduct, citing People v. Tom, 22 Cal.App.5th 250, 231 Cal.Rptr.3d 350 (Cal. 3d.App.Dist. 2018). Additionally, the U.S. Supreme Court, in construing a federal statute, found “‘except as provided’ language … create[s] two mutually exclusive categories of punishment.” See: Moncrieffe v. Holder, 569 U.S. 184 (2013).
“Consistent with these cases and section 4501’s plain text,” the Court of Appeal wrote, “we conclude that sections 4500 and 4501 describe two mutually exclusive crimes.” As the statutory text was clear, the court did not need to examine the legislative history—but had it done so, it noted that history supported its findings. Accordingly, Nava’s convictions under both §§ 4500 and 4501 were unlawful and the latter was reversed. His other convictions were affirmed.
The appellate court observed that both Nava and the state “agree[d] with our bottom line”—that Nava could not be convicted under § 4501—but for different reasons. However, according to the court’s analysis, it explained that “when a life prisoner commits an assault meeting all the elements of section 4500, apart from malice aforethought, that prisoner can be convicted under section 4501.”
Nava was represented on appeal by appointed counsel, Robert Navarro. See: People v. Nava, 107 Cal.App.5th 624 (2024).
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Related legal case
People v. Nava
| Year | 2024 |
|---|---|
| Cite | 107 Cal.App.5th 624 (2024) |
| Level | State Court of Appeals |
| Conclusion | Bench Verdict |