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PEOPLE v. MILWARD

No. S182263.

52 Cal.4th 580 (2011)

257 P.3d 748

129 Cal. Rptr. 3d 145

THE PEOPLE, Plaintiff and Respondent, v. GEORGE MILWARD, Defendant and Appellant.

Supreme Court of California.

August 18, 2011.

Attorney(s) appearing for the Case

Valerie G. Wass , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Charles A. French , David A. Rhodes and Ivan P. Marrs , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KENNARD, J.—

While serving a life sentence, defendant attacked another inmate with a deadly weapon. He was convicted of two crimes: (1) assault with a deadly weapon or by means likely to inflict great bodily injury by a prisoner serving a life sentence (Pen. Code, § 4500; hereafter aggravated assault by a life prisoner),1 and (2) assault with a deadly weapon other than a

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