People v. Williams CA3

BACKGROUND

The prosecution charged defendant with one count of possession of a weapon by an inmate. (§ 4502, subd. (a).) The prosecution also alleged defendant had a prior strike conviction (§ 667, subds. (b)-(i)) for a 2007 burglary conviction. At trial, a correctional officer testified he searched defendant’s cell. During the search, he and another officer found three sharpened pieces of metal concealed in defendant’s typewriter. The officer explained inmates typically sharpen metal objects to use as weapons that can injure or kill staff or other inmates. Another officer opined the items found in defendant’s typewriter had been sharpened to use as weapons. Defendant testified there were no weapons in his typewriter and that the weapons had been planted. Defendant admitted the prior strike conviction allegation. The jury then found him guilty of the weapon possession count. Before sentencing, defendant filed a motion asking the trial court to strike his prior strike conviction. In the motion, defendant argued the current offense was “not violent or life-threatening,” defendant’s sentence would be “unduly harsh” with the prior strike, and defendant had been “respectful to the…