People v. Thigpen CA3

FACTS AND HISTORY OF THE PROCEEDINGS

While defendant was incarcerated in a state prison, a correctional officer discovered that defendant had a latex bindle containing marijuana inside his mouth,

1 weighing 3.01 grams. Defendant was charged with one count of unlawful possession of a controlled substance while incarcerated in a state prison (Pen. Code, § 4573.6 [statutory section citations that follow are to the Penal Code]). It was further alleged that defendant had previously suffered a conviction for a strike offense (§§ 667, subd. (d), 1170.12, subd. (b)). The complaint was later amended to strike the reference to section 4573.6 and replace it with section 4573.8, which prohibits the unlawful possession of cannabis while incarcerated in a state prison, and defendant pleaded guilty to that count. In exchange for defendant’s plea, the remaining allegation was stricken. The trial court sentenced defendant to the lower term of 16 months in state prison. The court ordered defendant to pay a conviction assessment of $30 (Gov. Code, § 70373), a court operations assessment of $40 (§ 1465.8), a restitution fine of $300 (§ 1202.4, subd. (b)), an additional $300 parole revocation fine,…