Opinion
NOT TO BE PUBLISHED
Super.Ct.No. RIF132030
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
[NO CHANGE IN JUDGMENT]
The petition for rehearing filed November 7, 2007, is denied. The opinion filed in this matter on October 31, 2007, is modified as follows:
RICHLI J.
Before the first paragraph on page 2, the following is inserted:
On July 3, 2005, defendant and the victim, housed in the same cell at the Riverside County jail, got into a fistfight. When it appeared that the victim was getting the upper hand, a third inmate broke up the fight; defendant returned to his bunk, and the victim approached him, apologized, and extended his hand. Defendant’s hand was under his mattress. The victim saw something long and white and then felt himself get stabbed in the neck. Cellmates called out, “Man down,” and deputies secured the scene and sought medical attention for the victim. Deputy Richard Stone later searched the cell and found a toothbrush wrapped with strips from a sheet in the shower area. He testified that “shanks,” or inmate-manufactured weapons, were often made by attaching a razor to the end of a toothbrush and wrapping it with strips torn from the sheets. There was no razor attached to this toothbrush when it was found.
The victim identified defendant as the person who stabbed him both at the time of the incident and at trial. The inmate who broke up the fight identified defendant as the stabber to Deputy Stone at the time of the incident but would not do so at trial, repeatedly answering questions by saying, “I’ve got nothing to say” or “I don’t know.”
Except for this modification, the opinion remains unchanged. This modification does not effect a change in the judgment.
We concur: RAMIREZ P.J., McKINSTER J.