Poe

Appellant, James Poe, appeals from a judgment of conviction of unlawfully possessing a sharp instrument while confined in state prison (Pen. Code, § 4502).

Though he raises several points on appeal, the principal issue is whether the trial court erred in refusing to dismiss the case because prison authorities opened a letter to appellant from his counsel outside the presence of appellant.

The facts essential to the disposition of the appeal will be appropriately related under each of the issues discussed.

Part I

Opening of Legal Mail

Before trial, appellant formally moved to dismiss the information on the ground authorities at the Sierra Conservation Center, the institution in which he was confined, opened a letter from his attorney when he was not present. The motion was supported by the declaration of his attorney, Thomas Maro vich:

At the hearing on the motion, the People presented the testimony of Correctional Officers Steven Jones and Debra Gasaway, both of whom were *577 employed in the mail room at the Sierra Conservation Center. Jones and Gasaway testified as to the practice and procedure used in the mail room.

The mail room processes as many as 3,000…