England

A jury convicted defendant Robert England of two counts of battery by an inmate on a nonconfined person (Pen. Code, § 4501.5; all further statutory references are to the Penal Code unless otherwise indicated), one count of possession by an inmate of a sharp instrument (§ 4502, subd. (a)), and one count of resisting executive officers by force or violence (§ 69). The jury also found charged enhancements to be true. (§§ 667, subds. (b)-(i), 667.5, subd. (b).)

Sentenced to an aggregate prison term of 26 years to life consecutive to the term then being served, defendant appeals, asserting: (1) trial should not have been held on prison grounds, (2) the court gave incomplete instructions on the elements of section 69, (3) there was insufficient evidence to support the convictions for violating section 4501.5 because the prosecution failed to establish that the victims were not confined persons, and (4) the court failed to make the requisite findings on the charged prior convictions. We affirm.

Facts and Procedural History

Defendant was an inmate at High Desert State Prison. Correctional officers discovered wire missing from a cyclone fence and began a search of inmates’…