People v. White CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged White by information with a single count of possessing a weapon while in custody at a penal institution. (Pen. Code, § 4502, subd. (a).)1 The information further alleged he had previously suffered a serious or violent felony conviction. (§§ 667, subd. (d), 1170.12, subd. (b).) The case proceeded to a jury trial in January 2020. The jury found White guilty as charged, and the trial court found true the prior conviction allegation. In January 2021, the trial court imposed a term of two years in state prison consecutive to the term White was already serving. B. Facts of the Offense In 2018, White was in custody at the Correctional Training Facility, also known as Soledad State Prison. Officer Mayra Zavala, a housing officer at the facility, saw White “walking pretty fast back and forth” between two cells. Officer Zavala testified that based on White’s hand motions it appeared he was trying to pass something under the cell doors. She testified that she found this behavior concerning and odd, so she asked White what he was doing and called him over. White told Officer Zavala he was “passing coffee.”…