Brown

Defendant, Bobby Brown, appeals from his conviction of Penal Code section 4502, possession of a weapon by a prisoner. He contends he was entitled to a jury instruction regarding temporary possession for purposes of disposal. (CALJIC No. 12.06.) We disagree and will affirm.

Facts

Defendant was a prisoner in state prison, housed at the California Substance Abuse Treatment Facility, Corcoran. One day, the lieutenant received information there was going to be gang fighting in one of the yards. He went to the yard and requested that additional officers join him. While he waited for backup, he noticed defendant swaggering in a “gangster” fashion. He searched defendant and found a razor blade, which had been removed from its plastic casing (having been originally supplied as a disposable shaver) and fashioned into a weapon.

Defendant was charged and convicted of a violation of Penal Code section 4502. He was sentenced to eight years fully consecutive to the term he was currently serving.

Discussion

The sole issue on appeal is whether, under the circumstances presented here, defendant was entitled to a jury instruction informing the jury that temporary possession for…