California Court of Appeal

Conviction for possession of a controlled substance is affirmed, but a conviction for smuggling controlled substance into a prison or jail is reversed where the jury was not properly instructed on the crime. Trial court's post-conviction order dismissing count two is vacated for lack of subject matter jurisdiction.

Appellate Information

• Decided 08/14/2008
• Published 08/14/2008

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, and Jamie A. Scheidegger, Deputy Attorney General, for Plaintiff and Respondent., Thomas Owen, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant.