People v. Watts CA3

DISCUSSION

There Was Insufficient Evidence That Defendant Possessed Drugs While In Jail Defendant challenges the sufficiency of evidence to support his conviction for unauthorized possession of drugs in jail. The standard of review is well settled. We review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence, that is, evidence which is reasonable, credible, and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. (People v. Johnson (1980) 26 Cal.3d 557, 578.)

2 Penal Code section 4573.8 provides in relevant part as follows: “Any person who knowingly has in his or her possession in any . . . jail . . . drugs in any manner, shape, form, dispenser, or container . . . without being authorized to posses the same . . . is guilty of a felony.”1 “Possession may be actual or constructive.” (People v. Showers (1968) 68 Cal.2d 639, 643.) Both parties agree defendant did not have actual possession of the carisoprodol contained in the cell phone while in the jail, but defendant contends he did not have constructive possession either. Our Supreme Court has defined…