Wyatt

Following the denial of his motion to suppress evidence, a jury found defendant Richard Leigh Wyatt guilty of possessing paraphernalia (a syringe) and possessing or manufacturing a weapon (a metal shank) while in jail. (Pen. Code, §§ 4573.6, 4502, subd. (a); undesignated section references are to the Penal Code.) In a bifurcated proceeding, the trial court found true allegations defendant served two prior prison terms (§ 667.5, subd. (b)) and had two serious or violent felony convictions within the meaning of the three strikes law (§ 1170.12).

The trial court refused to dismiss either of defendant’s prior strike convictions and sentenced him to an aggregate term of 50 years to life in prison, consisting of 25 years to life for possessing the syringe and 25 years to life for possessing or manufacturing the shank. The court stayed defendant’s sentence on the two prior prison term enhancements.

Defendant appeals, contending the trial court erred in (1) denying his motion to suppress statements he made to a Shasta County Sheriffs deputy while in jail, (2) failing to instruct the jury that it must find “each element of a crime” true beyond a reasonable doubt, and (3) denying…