P. v. Brooks CA5
On or about October 27, 2011, appellant was an inmate at Valley State Prison for Women and a participant in mental health services. A correctional officer saw an object fall from appellant’s waistline and seized the item. The object was a lock placed inside of a sock, something commonly used as a weapon inside the prison.
Insanity Finding and Commitment
On October 10, 2012, a first amended information was filed in the Superior Court of Madera County charging appellant with count 1, unlawful possession of a weapon, “a lock in a sock,” while confined in a penal institution (§ 4502, subd. (a)) with one prior strike conviction and one prior prison term enhancement (§ 667.5, subd. (b)). Appellant pleaded not guilty and not guilty by reason of insanity, and the court appointed experts to examine her.
On November 9, 2012, appellant waived her right to a jury trial and submitted the matter on the experts’ reports. The parties stipulated that a “lock in a sock” was a weapon.
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