People v. Campbell CA2/3

BACKGROUND

In 2016, Campbell pleaded nolo contendere to possessing contraband cannabis in prison (Pen. Code, § 4573.6, subd. (a)) and received a sentence of three years in state prison. Later that year, the electorate passed Proposition 64, which reduced cannabis-related crimes to misdemeanors. In 2019, Campbell petitioned to have his conviction redesignated and dismissed

2 under Health and Safety Code1 section 11361.8, which allows a person currently serving a sentence for a conviction to petition for resentencing or dismissal if he or she would have been guilty of a lesser offense had Proposition 64 been in effect at the time of the offense. The trial court denied his petition. We reversed, holding that Campbell’s conduct was no longer a felony under Proposition 64. The People petitioned for review, which the California Supreme Court granted on March 10, 2021. On December 29, 2021, the Supreme Court transferred the matter to us with directions to vacate our decision and to reconsider the cause in light of Raybon, supra, 11 Cal.5th 1056.

DISCUSSION

Penal Code section 4573.6 makes it a felony to knowingly possess any controlled substances in any state prison or similar…