People v. Briceno CA4/1
Opinion
Opinion
INTRODUCTION
In two separate cases, separate juries found Marcus Briceno guilty of resisting an
executive officer (Pen. Code, § 69)1 and possession of a sharp instrument at a penal
institution (§ 4502, subd. (a)). In bifurcated proceedings in each case the court found true
allegations Briceno had three prior prison convictions (§§ 667.5, subd. (b), 668) and one
prior strike conviction (§§ 667, subds. (b)-(i), 668, 1170.12). The court sentenced
Briceno to an aggregate term of nine years 8 months in state prison.
Briceno contends on appeal (1) there was insufficient evidence to support his
conviction for resisting or deterring an officer, (2) his conviction for possession of a
sharp instrument in a penal institution should be reversed based on juror misconduct, and
(3) the trial court abused its discretion in failing to strike his prior strike conviction in
sentencing him for possession of a sharp instrument in a penal institution. We find no
merit in any of these contentions and affirm the judgments. However, we direct the trial
court to amend the abstract of judgment to correct certain clerical errors.