P. v. Duran CA5
A jury convicted appellants, Jesus Duran and Michael Giron, of possessing a sharpened instrument while confined in a penal institution. (Pen. Code, § 4502, subd. (a).) Although each appellant separately committed this crime, the two appellants were tried together.
The trial court determined that the prior strike conviction and prior prison term enhancement alleged against Duran were true and that the prior strike conviction alleged against Giron was true. The trial court sentenced each appellant to the upper term and doubled it due to the strike prior. The court also added one year to Duran’s sentence for the prior prison term.
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