Harris

Melvin Horton Harris is no stranger to the justice system, penal institutions, or state hospitals. He has suffered 11 serious felony convictions. This time a jury convicted him of possessing methamphetamine and marijuana for sale. (Health & Saf. Code, §§ 11378, 11359.) He was sentenced to state prison for 50 years to life as a “three striker.” (Pen. Code, § 667, subd. (e)(2)(A)(ii).) He appeals, alleging that the evidence is insufficient to show possession for sale and that a letter he wrote while in prison was improperly seized. We affirm.

On February 22, 1999, appellant was a patient at Atascadero State Hospital. He was in the visitor area when Sergeant Brian Holland saw that he had a large lump in the cheek of his mouth. He asked appellant to remove the object. Appellant spit out 5.68 grams of methamphetamine, and had bags of marijuana in his shoes weighing 28.13 grams. The value of the drugs in this institutional setting was $3,500 to $4,000.

Sergeant Holland explained that contraband is smuggled into the hospital and sold to patients who barter with postage stamps. The marijuana is sold in tightly rolled cigarettes called “pinners.” A pinner contains .1 to .2 grams…