California Court of Appeal

Conviction and sentencing of defendant for possessing a shank while in custody, Penal Code section 4502(a), with an admission of prior strike conviction are affirmed where there is no pleading and proof requirement under the January 25, 2010, amendments to section 4019 and section 1385 does not reach the credit dictates of those provisions.

Appellate Information

• Decided 07/14/2011
• Published 07/14/2011

Judges

• Banke

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General and Luke Fadem, Deputy Attorney General, for Plaintiff and Respondent., Robert L.S. Angres, under appointment by the Court of Appeal, First District Appellate Project, for Defendant and Appellant.