Redd
People v. Redd
Opinion
Opinion
Kane, J.
A jury found prison inmate Sherman Redd guilty of conspiracy to commit the crime of communicating with a prisoner without permission (Pen. Code, §§ 182, subd. (a)(1), 4570) and conspiracy to pervert or obstruct justice (§ 182, subd. (a)(5)).
On appeal, Redd contends there was insufficient evidence to support either of the conspiracy convictions. He further contends the conviction for conspiracy to pervert or obstruct justice must be reversed because the alleged conspiracy was a “non-crime.”
We agree there was insufficient evidence to support the conviction for conspiracy to pervert or obstruct justice based on attempting to bring tobacco into a state prison. We reverse the conviction for count 2 and affirm in all other respects.
FACTS AND PROCEDURAL HISTORY
On September 9, 2011, Avenal State Prison received an anonymous tip that a cook was going to smuggle in cell phones and narcotics for an inmate the next day. On September 10, 2011, prison cook Alcadio Comil was stopped as he was entering the prison, and cellophane-wrapped bindles containing cell phones and tobacco were found on his person and in his belongings. Comil said the items were for Redd.