People vs. Jose Hernandez

N/A

OUTCOME:

Defendant filed an appeal on his jury trial where he was convicted with PC 4502(a) - weapon in prison. Defendant had two strikes. An issue that came up was whether having a weapon in prison, despite ... it not being a strikeable offense, came within the meaning of PC 667(e)(2)(C)(iii) so that he faced an indeterminate term? After much research, criminal defense attorney argued that it did not and the appellate court agreed.