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Criminal Law Keyed to Gershowitz
People v. Lee
Citation:
136 Cal.App.4th 522, 38 Cal.Rptr.3d 927.Facts
The defendant was an inmate at Corcoran State Prison. After monitoring phone conversations between the defendant and his wife, correctional officers suspected that his wife would be smuggling drugs into the prison for the defendant. She was intercepted upon her arrival for visitation that day. During the search, she relinquished a green condom containing three bindles of marijuana and loose tobacco, and a clear condom containing three small bindles of marijuana, two separately packaged rocks of cocaine base, and loose tobacco. The items had been hidden in her bra. The defendant was the one who told his wife to bring the drugs into and prison and told her how to package the items, as well as the number of items to bring.
The defendant was convicted of conspiring to violate Section 4573.9, which prohibited “any person, other than a person held in custody” from giving illegal substances to a prison inmate. The defendant appealed, arguing that because he could not commit the substantive offense since he is an inmate, he could not be properly convicted of conspiracy.
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