PEOPLE v. PALASCHAK

Docket No. S037601.

9 Cal.4th 1236 (1995)

893 P.2d 717

40 Cal. Rptr.2d 722

THE PEOPLE, Plaintiff and Respondent, v. DOUGLAS ANDREW PALASCHAK, Defendant and Appellant.

Supreme Court of California.

May 8, 1995.


Attorney(s) appearing for the Case

COUNSEL

Glenn Durfee and Creig Alan Dolge for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Roy C. Preminger, David A. Wildman and Marc E. Turchin, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

LUCAS, C.J.

In this case, we consider whether a person who possesses illegal drugs prior to ingesting them may be convicted of the offense of possessing those drugs. As will appear, we conclude that the offender may be so convicted despite having ingested the drugs prior to arrest. To rule otherwise would read into the drug possession statutes a "possession when arrested" requirement that would permit persons facing arrest...

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