P.

P. v. Wiley CA3

Good Law
Court of Appeal of CaliforniaJuly 11, 2013C068661California1,446 words

Opinion

Opinion

FACTS

Craig Franklin, a correctional officer at High Desert State Prison, testified that defendant was an inmate of the prison in an administrative segregation section. When an inmate has been placed in that section, their personal property is removed from their possession and placed in individual plastic bags that are then placed in boxes that are securely taped. The boxes are placed in a storage area. Inmates may make out a prison form, called a “wish list,” specifying items of their personal property they would like to have returned to them. If the requested property is “allowable” it may be returned to the inmate. On June 22, 2010, defendant filled out a wish list requesting, among other things, two bars of soap. On July 30, 2010, Officer Franklin removed defendant’s wish list from defendant’s property bag, handed the list to defendant and had him verify that it was his, which defendant did. Franklin returned to where he had left defendant’s property bag and began going through it to determine if the items requested were allowable. He discovered that two bars of soap had been split in length. Inside one bar was rust and inside the other was a three-inch piece of metal with a…

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