P. v. Davis CA5
Respondent Robert Lee Davis was convicted of unlawful possession of marijuana in state prison. After the enactment of Proposition 64, he filed a petition with the superior court to dismiss his conviction and argued possession of marijuana was no longer a crime based on the initiative’s provisions. The court granted his petition and dismissed his conviction.
The People of the State of California, represented by the District Attorney of Fresno County, filed the instant appeal and argued Davis’s conduct still constituted a felony and was not within the meaning of Proposition 64.
While this appeal was pending, the California Supreme Court held that an inmate’s possession of a small amount of marijuana remained a criminal offense after the enactment of Proposition 64. (People v. Raybon (2021) 11 Cal.5th 1056, 1058–1060.) The parties agree this court is bound by this decision.
We reverse the trial court’s order and remand the matter for further appropriate proceedings.
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