Cardenas

Background

The facts underlying this appeal are not material to the issues presented. Suffice it to say, prison guards discovered appellant, an inmate at Wasco State Prison, in possession of marijuana and drug paraphernalia during a clothed body search. A jury convicted him of violating Penal Code section 4573.6, possession of contraband within a state prison. The jury also determined two prior convictions and a prior prison term to be true following bifurcated proceedings. The court sentenced appellant to 25 years to life pursuant to section 1170.12, commonly known as the three strikes law. It also stayed the one-year enhancement for the prior prison term and granted appellant thirty-four days of presentence credit.

Discussion

I.

Interpretation of Section 4573.6

Section 4573.6 provides:

Appellant contends the People failed to prove a lack of authorization to possess contraband, something he insists is an element of section 4573.6. Because this element of the crime was not proven, appellant claims his conviction is not supported by substantial evidence and must be reversed.

Supporting appellant’s argument are two cases expressly holding the prosecution must prove a…