Legal Opinion
People v. Superior Court (Ortiz)
California Court of Appeal
Decided February 17, 2004No. B170471PublishedCited by 3 opinions
1Opinion of the Court
Opinion
PERREN, J.
It is a felony for any person to possess a controlled substance in or within the grounds of certain state institutions. (Pen. Code, 1 § 4573.6.) Here we hold that the broad sweep of section 4573.6 includes state mental hospitals in which inmates, who have been transferred there for treatment pursuant to section 2684, are involuntarily confined under the custody of peace officers.
An employee of Atascadero State Hospital (ASH) was charged with a violation of section 4573.6 after methamphetamine allegedly was found in her purse while she was on hospital grounds. The charge was…
2Cases cited8 opinions
- People v. SinohuiCalifornia Supreme Court · 2002
- Davis v. Superior CourtCalifornia Court of Appeal · 1959
- City of Long Beach v. California Citizens for Neighborhood EmpowermentCalifornia Court of Appeal · 2003
- People v. WaidCalifornia Court of Appeal · 1954
- People v. ClarkCalifornia Court of Appeal · 1966
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3Cited by3 opinions
- People v. WatsonCalifornia Supreme Court · 2007
- People v. LeeCalifornia Court of Appeal · 2006
- Mostafavi Law Group, APC v. Larry Rabineau, APCCalifornia Court of Appeal · 2021