P. v. Palmero CA5
A jury convicted appellant Peter Palmero of possession of a sharp instrument by an inmate (Pen. Code, § 4502, subd. (a)/count 1). In a separate proceeding, the court found true a prior prison term enhancement (§ 667.5, subd. (b)) and allegations that Palmero had a prior conviction within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)).
On appeal, Palmero contends: (1) the evidence is insufficient to sustain his possession of a sharp instrument conviction; and (2) the court erred when it stayed his prior prison term enhancement. We find merit to Palmero’s second contention and strike the enhancement. In all other respects, we affirm.
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