Legal Opinion
People v. Spann
California Court of Appeal
Decided November 25, 1986No. Crim. 14627PublishedCited by 25 opinions
1Opinion of the Court
Opinion
BLEASE, J.
Defendant was observed to be under the influence of a substance, determined to be Valium, while an inmate in the Butte County jail. This evidence was used to prove that he “possessed” an unauthorized narcotic substance or drug in jail in violation of Penal Code section 4573.6. He was sentenced to state prison. On appeal he contends that the presence of the proscribed substance in his system does not constitute possession and cannot circumstantially prove preingestion possession. We agree and will reverse the judgment.
Facts
On October 7, 1984, defendant was an inmate of the…
2Cases cited15 opinions
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- People v. CruzCalifornia Supreme Court · 1964
- People v. LealCalifornia Supreme Court · 1966
- State v. FlinchpaughSupreme Court of Kansas · 1983
- Franklin v. StateCourt of Special Appeals of Maryland · 1969
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3Cited by25 opinions
- United States v. Theophilus BlackstonCourt of Appeals for the Third Circuit · 1991
- People v. Perry, California Court of Appeal, 5th District2019
- State v. HansonSouth Dakota Supreme Court · 1999
- People v. PalaschakCalifornia Supreme Court · 1995
- Schaill ex rel. Kross v. Tippecanoe County School Corp.Court of Appeals for the Seventh Circuit · 1988
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