California Court of Appeals, Fourth District, Second Division
[CERTIFIED FOR PARTIAL PUBLICATION[*]]
APPEAL from the Superior Court of Riverside County, No. RIF1100824 Gary B. Tranbarger, Judge.
Correen Ferrentino, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Kathryn Kirschbaum, Deputy Attorneys General, for Plaintiff and Respondent.
A jury found defendant and appellant, Charles Weeks, guilty of (1) possessing marijuana in prison (Pen. Code, § 4573.6),  and (2) possessing a weapon in prison (§ 4502, subd. (a)). The trial court found true the allegations defendant suffered (1) a prior strike conviction (§§ 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A)); and (2) five prior convictions for which he served prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to prison for a term of 13 years.
Defendant raises two contentions on appeal. First, defendant asserts substantial evidence does not support the findings that he knowingly possessed marijuana and a weapon. Second, defendant contends the court’s finding concerning his fifth prison prior (§ 667.5, subd. (b)) is not supported by the evidence because defendant was still serving his sentence for the prior offense at the time the current crimes were committed. We reverse the trial court’s finding on the fifth prison prior (§ 667.5, subd. (b)), but otherwise affirm the judgment.
FACTUAL AND PROCEDURAL HISTORY
A. PROSECUTION’S CASE
On January 27, 2011, defendant was an inmate at the California Rehabilitation Center in Norco, in dorm 303. Each dorm at the prison houses approximately 100 inmates. Each inmate is assigned a bed and a locker; the lockers are near the beds. State policy is that each inmate is given a combination lock for his locker when he arrives at the prison. The dorm officer is supposed to record the lock’s serial number and the inmate is supposed to sign for the lock, so prison officials can track the locks. However, in January 2011, Norco correctional officers did not follow the state policies regarding issuing locks. Instead, the officers gave inmates locks upon arrival, but did not record any information about the locks.
There have been instances of lock shortages. When there are not enough locks, new inmates receive locks from inmates who are being released. New inmates typically did not have to wait long for a lock. It was also possible for some inmates to have multiple locks, while others did not have a lock at all, due to inmates who are being released giving their locks ...