People v. Hernandez CA3

BACKGROUND

The information charged defendant with possessing a weapon while in prison. (Pen. Code, § 4502, subd. (a).)1 It also alleged defendant had a prior serious or violent felony conviction. (§§ 667, subd. (b)-(i) and 1192.7, subd. (c).) At trial, the custodial officer testified he was conducting a mass cell search at the High Desert State Prison on May 23, 2022. When the officer approached defendant’s cell (no. 102), defendant passed his t-shirt and pants through the food port to the officer. The officer found an inmate manufactured weapon inside the pants pocket. It was a flat piece of plastic with a white handle measuring approximately three and three-fourths of an inch long and three-fourths of an inch wide. Further testimony established defendant was designated to permanent single cell status in 2020. He was the only resident of cell no. 102 for the prior 12 days. Further, defendant’s building was on lockdown the entire time he was in cell no. 102. This meant the inmates were predominately secured within their cells with no unrestricted movements and no yard privileges. Defendant did not testify. The jury found defendant guilty as charged. Defendant admitted he had a…