California Court of Appeal

Sentence and conviction of possession of a sharp instrument in prison, Pen. Code section 4502(a) and assault by an inmate by means likely to cause great bodily injury, section 4501, with three prior strike allegations, sections 667(b)-(i) and 1170.12, are affirmed where a person is armed with a weapon for purposes of the Proposition 36 resentencing exception if the evidence from the record of conviction establishes that he or she was present with the weapon and had it available for use at any time he or she had actual or constructive possession of it within the time period for which the defendant was charged and convicted.

Appellate Information

• Published 2017/04/20

Judges

• DUARTE

Court

• California Court of Appeal

Counsel