Perry

People v. Perry

Good Law
244 Cal. Rptr. 3d 281·32 Cal. App. 5th 885
Court of Appeal of CaliforniaMarch 1, 2019A153649California4,750 words

Opinion

Lead Opinion

Kline, J.

*887 While serving a prison sentence for another offense, appellant Nisaiah J. Perry pled no contest to a charge of possession of marijuana in prison and was sentenced to a two-year term. He contends the trial court erred in summarily denying his petition to recall or dismiss this sentence after the passage of Proposition 64, which legalized possession of up to 25.8 grams of marijuana by adults 21 years of age and older. We conclude that Proposition 64 did not remove possession of marijuana in prison from the reach of Penal Code section 4573.6, the statute under which appellant was convicted, and therefore affirm.

*888 BACKGROUND

In 2010, appellant entered a plea of no contest to a charge of unauthorized possession of marijuana in prison. ( Pen. Code, § 4573.6, subd. (a).) A charge of bringing drugs into a prison ( Pen. Code, § 4573 ) and an alleged prior conviction for first degree robbery ( Pen. Code, § 211 ) were dismissed, and appellant was sentenced to the low term of two years, consecutive to the prison term he was already serving.

On November 8, 2016, the voters adopted Proposition 64, which, with certain limitations, legalized possession of "not more than 28.5 grams…

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