P. v. Wiley
A jury convicted defendant Patrick Wiley of possession of a sharp instrument by a prison inmate (Pen. Code, § 4502, subd. (a)[1] (undesignated statutory references are to the Penal Code) and, in a trial by court, he was found to have a prior strike conviction for murder (§ 187). He was sentenced to a consecutive term of six years (midterm of three years doubled because of the strike) in state prison.
On appeal, defendant contends the evidence is insufficient to support the conviction and the conviction may not be reduced to an attempt. We agree the evidence does not support the conviction, but disagree with him that we may not reduce the offense to an attempt.
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