P. v. Perez CA3
A jury convicted defendant Jose Theodoro Perez of bringing marijuana into or onto the grounds of a penal institution (the Shasta County Alternative Custody Program). The trial court placed defendant on probation for three years with one year in jail.
Defendant now contends the trial court should have dismissed the charge because (1) the Alternative Custody Program facility is not a penal institution, and (2) the prosecution produced insufficient evidence that defendant brought marijuana into or onto the grounds of the facility.
We conclude (1) the Alternative Custody Program facility is a penal institution where inmates are in custody, and (2) the evidence establishes defendant brought marijuana onto the grounds of the penal institution even if he did not take it into a building or fenced area. Accordingly, we will affirm the judgment.
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