Legal Opinion · Concurrence

People v. Arias

California Supreme Court

Decided November 6, 2008No. S155571Published

1Concurrence

BAXTER, J., Concurring.

I agree with the majority that defendant’s conviction for using a false compartment is not supported by substantial evidence. As the majority explains, a false compartment within the meaning of *185Health and Safety Code section 11366.8 (section 11366.8) is a compartment that is “constructed in a manner to intentionally deceive an untrained observer by concealing its existence,” analogous to a suitcase with a false bottom. (Maj. opn., ante, at p. 179.) In this case, the compartment defendant used was the space under the steering column and behind the dashboard. Although…

2Cases cited16 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  3. Delaney v. Superior CourtCalifornia Supreme Court · 1990
  4. People v. GiordanoCalifornia Supreme Court · 2007
  5. People v. AveryCalifornia Supreme Court · 2002

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