Savedra

A jury convicted appellant of possessing a deadly weapon while lawfully confined in a jail. (Pen. Code, § 4574, subd. (a).) Appellant admitted three state prison prior felony convictions (§ 667.5, subd. (b)).

Appellant contends three errors require reversal: instructional error, admitting a People’s exhibit, and ineffective assistance of counsel. We find no prejudicial error and affirm the conviction but remand the matter for resentencing.

Factual Background

There being no insufficiency of evidence claim, the facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

On May 9, 1991, appellant, 29 years old, was serving time at the Pitchess Honor Ranch, South Facility, in Saugus, California, a local jail facility. As an inmate who had served 3 separate state prison terms, he was confined to barracks #32, a structure approximately 20 feet wide and 100 feet long, accommodating 98 prisoners, and where only personal effects (a comb, toothbrush, and toothpaste) were permitted. No candy, cigarettes, or food were permitted. Before entering barracks #32 inmates were stripsearched and…