Esquibel

Appellant contends: (1) the trial court erred in failing to give a lesser included offense instruction; (2) a prior felony conviction enhancement is invalid (Pen. Code, § 667.5, subd. (b)); and (3) a section 12022.1 enhancement is invalid. We find contentions one and two without merit but agree with contention three. Accordingly, we in part affirm and in part reverse the judgment.

Procedural and Factual Background

On September 8, 1989, two Long Beach police officers saw appellant in possession of a .05 gram bindle of tar heroin and arrested him. Sometime thereafter appellant was released on bail.

On December 12, 1989, appellant was again arrested and about 2 a.m. brought to the Long Beach jail for routine processing. A few hours later, shortly before 5 a.m„ Long Beach Security Officer William Edwards began the rounds of his wake up duty. He awoke the inmates, directed them to “pass their blankets out,” and to move to the dayroom. All complied except appellant. He refused to relinquish his blanket. Officer Edwards asked Security Officer Cruz to assist him. Appellant also refused Officer Cruz’s requests that he relinquish his blanket. When Officer Edwards reached for the…