People v. Segobia CA4/2

BACKGROUND

In 2011, a jury found defendant guilty of unlawful possession of a drug, to wit

heroin, in a penal institution (Pen. Code, § 4573.6, count 1),1 and unlawful possession of

a syringe in a penal institution (§ 4573.8, count 2).2 Defendant thereafter admitted that

he had suffered four prior prison terms (§ 667.5, subd. (b)) and one prior strike conviction

(§§ 667, subds. (b)-(i), 1170.12, subd. (a)). As a result, defendant was sentenced to a

total term of 10 years in state prison with credit for time served as follows: six years on

count 1, plus four consecutive one-year terms for each of the four prior prison term

allegations; the sentence on count 2 was stayed pursuant to section 654. (See People v.

Segobia III (Aug. 5, 2013, E055050) nonpub. opn.)

Defendant thereafter appealed his judgment in case No. E055050. In his first

appeal, we reversed defendant’s conviction on count 2 for “possession of heroin while in

a penal institution, under section 4573.8” and also directed the clerk of the superior court

All future statutory references are to the Penal Code unless otherwise stated.

We note that this court in the prior nonpublished opinion relied on the…