People v. Morales

Defendant appeals from a judgment of conviction, following a trial by jury, of possession of a sharp instrument by a person confined in a state prison in violation of Penal Code section 4502. As to the first contention on appeal, that section 4502 is unconstitutional, we find it to be without merit. As to the other contention, that the trial court abused its discretion in imposing a consecutive rather than a concurrent sentence, we hold that the circumstances surrounding the sentencing of defendant require that the sentence be set aside and that defendant be remanded to the lower court for…