Thomas

People v. Thomas

Caution
140 Cal. Rptr. 3d 184·2012 Cal. LEXIS 3989·53 Cal. 4th 1276·2012 WL 1537830·274 P.3d 1170
Supreme Court of CaliforniaMay 3, 2012S185305California4,621 words

Opinion

Opinion

Liu, J.

In general, the proper venue in which to prosecute a criminal offense is the superior court of the county in which the crime was committed. (Pen. Code, § 777.) Penal Code section 781 provides that when a crime is committed “in part” in more than one county, or when “the acts or effects” constituting the crime or requisite to its commission occur in more than one county, the offense may be prosecuted in the superior court of any of those counties. (People v. Posey (2004) 32 Cal.4th 193, 199 [ 8 Cal.Rptr.3d 551 , 82 P.3d 755 ].)

In the present case, defendant Rayshon Derrick Thomas lived and sold drugs in Madera County. He possessed a key and a receipt for a storage locker that was located in neighboring Fresno County. The storage locker contained drugs and a firearm. The Court of Appeal ruled that the drugs and firearm located in Fresno County did not provide a basis for prosecuting defendant in Madera County for possession for sale of a controlled substance and possession of a firearm by a convicted felon. We disagree with the Court of Appeal and conclude that Madera County was a proper venue in which to prosecute defendant.

Facts

A felony complaint was filed in the…

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