Morrison

Penal Code section 134 makes it a felony to prepare false evidence with intent that it be produced “upon any trial, proceeding, or inquiry whatever, authorized by law.” 1 Here, we conclude that the statute is violated by a probationer who prepares a false urine sample with intent to produce it to his probation officer during court-ordered drug testing. Court-ordered probation drug testing is an “inquiry . . . authorized by law” within the meaning of the statute. (Ibid.)

William Tyndall Morrison appeals from a judgment after conviction by jury of preparing false evidence in violation of section 134. The trial court sentenced him to eight months in state prison, 2 suspended his sentence and granted him a five-year term of probation.

Appellant contends that section 134 does not apply to a probationer who provides a falsified urine sample to his probation officer if he provides it with intent to avoid a hearing. Alternatively, appellant contends that the trial court invaded the role of the jury when it instructed the jury that probation drug testing is an “inquiry authorized by law” and a probation revocation hearing is a “proceeding or inquiry authorized by law,” within…