People v. Mosley CA3

BACKGROUND

In June and July of 2016, defendant, while in prison, coordinated with his wife to bring 4.1 grams of cannabis into the prison. Defendant was charged with conspiracy to bring cannabis and methamphetamine into a state prison (Pen. Code, §§ 182, subd. (a), 4573) and possession of methamphetamine in prison (Pen. Code, § 4573.6). Before trial, the People dismissed the methamphetamine possession count and stated at trial the conspiracy charge was based only on bringing in cannabis. On January 29, 2019, a jury found defendant guilty of conspiracy to bring cannabis into a state prison. Defendant was sentenced to the middle term of three years, doubled to six years for a prior strike conviction, to run consecutive to any sentence defendant is currently serving.

DISCUSSION

Defendant argues that after Proposition 64, it is no longer illegal to bring 28.5 grams or less of cannabis into a prison. Consequently, defendant’s conviction must be reversed because he cannot be guilty of a conspiracy to engage in a lawful act. Defendant also alleges ineffective assistance of counsel if his claim is forfeited. Penal Code section 182 prohibits conspiring to commit any crime. (Pen. Code, §…