Fonseca

Appellant Anthony Fonseca was convicted of possession of an illegal weapon and aggravated assault, both while an inmate in a state prison. He appeals his conviction contending various instructional errors. He also claims there was not sufficient evidence adduced at trial to sustain his conviction on the assault charge. We do not agree with his contentions and will affirm the judgment. In affirming his conviction, we will hold that it is not error to give the modified version of CALJIC No. 2.11.5 where an unjoined coperpetrator testifies at trial.

Procedural Summary

On April 30, 2001, Fonseca was charged by information with one count of aggravated assault while an inmate in a state prison in felony violation of Penal Code section 4501, and one count of unlawful possession of a weapon while an inmate in a state prison in felony violation of section 4502, subdivision (a). It was further alleged with respect to each count that Fonseca had been convicted of three prior serious or violent felonies within the meaning of the three strikes law. Fonseca was convicted following a nonbifurcated jury trial of both counts and the allegations of the strike priors were found true. He…