P. v. Rodriguez CA5
Defendant Juan Eulogio Rodriguez pled guilty to felony possession of marijuana in a prison in violation of Penal Code section 4573.6. He later petitioned for resentencing or dismissal of his conviction pursuant to section 11361.8 of the Health and Safety Code and Proposition 64, contending that the offense had been decriminalized because he possessed less than 28.5 grams of marijuana not in the form of concentrated cannabis. The trial court recognized that California Courts of Appeal have split on the issue. (Compare People v. Perry (2019) 32 Cal.App.5th 885 (Perry) [Proposition 64 did not decriminalize possession of cannabis in prison], review denied June 12, 2019, S255148 with People v. Raybon (2019) 36 Cal.App.5th 111 (Raybon) [Proposition 64 decriminalized possession of less than 28.5 grams of marijuana in prison], review granted Aug. 21, 2019, S256978.) The trial court agreed with Perry and denied his motion. Defendant contends that was error. We agree with the trial court and we
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