People v. Hernandez CA5

INTRODUCTION

Appellant and defendant Jose Alberto Hernandez pleaded no contest to possession of a weapon while an inmate in state prison (Pen. Code, §4502, subd. (a))1 and was sentenced to two years, consistent with a negotiated disposition. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has filed a supplemental brief in pro. per. We affirm.

FACTS2

On November 8, 2019, defendant was an inmate at Corcoran State Prison. Correction Officer Anthony Arisco conducted a search of defendant’s cell as part of a mass search of all cells. Defendant was the only occupant of his cell. The prison’s policy was to search the entire cell and toilet before it was assigned to an inmate. Officer Arisco found a plastic ring inside the toilet that was attached to a string. Arisco pulled on the string, and it was connected to a bag that contained two pieces of metal. Both pieces had been made into stabbing-type weapons. One end on each piece was sharpened to a point. One piece was about four inches long, and the other…