People v. Castro CA5

INTRODUCTION

Appellant and defendant Simon Chavez Castro pulled a knife on officers and slashed at them. A struggle ensued, defendant resisted arrest, and he was ultimately taken into custody. When he was booked at the jail, he was found in possession of methamphetamine. He was charged with three counts each of attempted murder, assault with a deadly weapon, felony resisting committed against three officers, and a single count of possession of a controlled substance in jail. In closing argument, defense counsel conceded defendant’s guilt of possession of a controlled substance in jail but challenged the evidence in support of the other charges. After a jury trial, defendant was convicted of two counts of assault with a deadly weapon, three counts of felony resisting, and one count of possession of a controlled substance in jail. The jury was unable to reach verdicts on three counts of attempted murder and one count of assault with a deadly weapon. Defendant was sentenced to six years four months in prison. On appeal, defendant contends that his conviction in count 10 for possession of a controlled substance in jail must be reversed because the jury was not instructed on an…