Gastello
People v. Gastello
Opinion
Opinion
Certified for Partial Publication. [*]
Defendant Tommy Gastello was convicted of bringing drugs into a jail. His case presents one question: Is an accused guilty of bringing drugs into jail if he or she entered the jail only due to being arrested and brought there in custody? The answer has to be no. Before defendant went out and encountered the police, he intentionally put the drugs in his pocket and was guilty of simple possession, but, as we explain in the published part of this opinion, he did not engage in the voluntary act (actus reus) necessary for the crime of bringing them into the jail. He was driven to the jail in custody, in a police car, in handcuffs. In the unpublished part of the opinion, we address the question of whether he had the criminal intent (mens rea) necessary for the crime.
The conviction of bringing drugs into a jail is reversed. The case is remanded to the trial court for resentencing on the remaining charges, which include simple possession of methamphetamine.
Officer Jennifer Machado of the Hanford Police Department was on patrol in her car at about 11:00 o'clock on Thanksgiving night, 2005, when she saw defendant and his adult son,…