O'DANIEL
People v. O'DANIEL
Opinion
Opinion
Best, J.
Pursuant to a plea bargain, defendant entered a plea of guilty to the newly added charge of violating Penal Code section 12020, subdivision (a), possession of a concealed weapon. The original charge of unlawful possession of a sharp instrument while confined in a state prison in violation of section 4502 was dismissed. Defendant was sentenced to the lower term of 16 months to be served consecutively to the sentence he was already serving. On appeal, defendant contends that the doctrine of collateral estoppel, based upon a prison disciplinary hearing determination finding him guilty of a lesser offense (possession of contraband), precludes the prosecution of the present greater offense. We will aflirm the judgment.
Facts
On October 29, 1985, Correctional Officer Rodney Bowman searched defendant’s locker located in a housing area referred to as Clark Hall at the California correctional institution in Tehachapi. During the search of defendant’s secured locker, the officer found a screwdriver that had been sharpened to a point. The tip of the screwdriver resembled a blade, and the handle was marked as being from the vocational automotive department. Defendant, who was…