How have courts interpreted the meaning of life without Possibility of Parole in a case where a defendant was convicted of possessing deadly weapons while in jail?

As an aggravating factor, the prosecution alleged that defendant possessed deadly weaponstwo shanks while in jail, in violation of section 4574, subdivision (a). The trial court instructed the jury that: "Every person who, while lawfully confined in jail[,] possesses any deadly weapon is guilty of the crime of violation of Penal Code section 4574." The remainder of the instruction defined "deadly weapon" and "actual" and "constructive possession." Defendant contends

[133 Cal.Rptr.2d 52]

the instruction was deficient because it did not require the jury to find that he "knew of the weapon's "presence and nature as a [deadly weapon]." (CALJIC No. 7.34.02; cf. People v. Rubalcava (2000) 23 Cal.4th 322, 332, 96 Cal.Rptr.2d 735, 1 P.3d 52 [holding that a defendant is guilty of carrying a concealed dirk or dagger only if he knows "he is carrying the weapon" and "the concealed instrument may be used as a stabbing weapon"].)

[133 Cal.Rptr.2d 52]

Even assuming the instruction was deficient, the error was harmless.¹⁷ The shanks were six to seven inches long and had sharpened ends and cloth handles. The shanks were hidden under defendant's bunk in a cell accessible only to defendant and "sworn personnel." Defendant admitted that he possessed the shanks for protection. Defendant presented no evidence suggesting that he did not know of the shanks' presence in his cell and their nature as deadly weapons. Given the overwhelming evidence of defendant's knowledge, the error was harmless beyond a reasonable doubt. (See People v. Malone, supra, 47 Cal.3d at pp. 49-50, 252 Cal. Rptr. 525, 762 P.2d 1249.)

h. Failure to Instruct on the Meaning of Life Without Possibility of Parole