APPEAL from the Superior Court of Riverside County. Samuel Diaz, Jr., Judge. (Super.Ct.No. RIF144917)
The opinion of the court was delivered by: McKinster J.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Hugo Ramiro Ramirez appeals his conviction on one count of possession of heroin in a penal institution. (Pen. Code, § 4573.6.)*fn1 He contends that his conviction must be reversed because the prosecutor committed Griffin error--making reference to defendant's failure to testify. (Griffin v. California (1965) 380 U.S. 609, 614-615.) Under the circumstances of this case, we find the error harmless beyond a reasonable doubt, and we affirm the judgment.
Defendant was charged with one count of possession of a controlled substance, heroin, in a penal institution (§ 4573.6; count 1) and one count of possession of drug paraphernalia, a syringe, in a penal institution (§ 4573.8; count 2). The information alleged three strike priors (§§ 667, subds. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A)) and three prior prison terms (§ 667.5, subd. (b)).
A jury convicted defendant on count 1 but deadlocked on count 2. The court declared a mistrial as to count 2, and later dismissed it in the interest of justice on motion of the prosecution.
Defendant admitted his prior strikes and prison terms. The court denied his motion to strike the prior strike convictions and sentenced him to a term of 28 years to life.
Defendant filed a timely notice ...