P. v. Harmon
Defendant Jimmie Dale Harmon was charged with two counts of assault with a deadly weapon by a prisoner (Pen. Code, 4501; counts I and II), two counts of possession of a sharp instrument in prison (Pen. Code, 4502, subd. (a); counts III and IV), and nine strike allegations. The court dismissed count II during the trial. The jury could not reach a verdict on count I but convicted defendant on both weapons possession counts.[1] The jury sustained eight of the strike allegations, and the court sentenced defendant to imprisonment for 50 years to life. On appeal, defendant contends there is insufficient evidence to convict him of possession of a sharp instrument as alleged in count IV, being shackled throughout the trial violated his right to due process, and the court erred prejudicially by denying his posttrial motion for jury information. Court shall affirm.
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