People v. Aguilar CA6

I. BACKGROUND

The weapon offense was committed while Aguilar was serving a sentence in an unrelated matter, certain facts of which are nevertheless relevant here.3 In that matter, Aguilar received an eight-month county jail sentence and four years of probation for child endangerment (§ 273a, subd. (a)) and for several misdemeanor convictions.4 He was housed at a correctional facility when deputies searched his cell and confiscated one gallon of “pruno” (a jail-made alcoholic drink) and 14 kites, some of which had directions to fill out a personal report to the “house,” and Aguilar’s responses stating that he was from the City of Morgan Hill and his “hood” was Varrio Morgan Lomas, a Norteño street gang. The next day, Aguilar was rehoused at the county main jail. Jail deputies had Aguilar remove his shirt and were talking to him about his tattoos when a four-inch knife with a metal tip and five kites fell from his pants.

3 The facts are taken from Aguilar’s probation report and sentencing memorandum in the present case. 4 Aguilar’s misdemeanor convictions were drug possession (Health & Saf. Code, §§ 11350, subd. (a), 11377, subd. (a)), possession of metal knuckles (§ 21810), and…