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PEOPLE v. SUPERIOR COURT (ORTIZ)

No. B170471.

9 Cal.Rptr.3d 745 (2004)

115 Cal.App.4th 995

The PEOPLE, Petitioner, v. The SUPERIOR COURT of San Luis Obispo County, Respondent; Breanna Nicole ORTIZ, Real Party in Interest.

Court of Appeals of California, Second District, Division Six.

Rehearing Denied March 17, 2004.

Attorney(s) appearing for the Case

Gerald T. Shea, District Attorney, and Curtis A. Rankin, Deputy District Attorney, for Petitioner.

No appearance for Respondent.

Patricia Nemec Ashbaugh, San Luis Obispo, for Real Party in Interest.

PERREN, J.

It is a felony for any person to possess a controlled substance in or within the grounds of certain state institutions. (Pen.Code,1 § 4573.6.) Here we hold that the broad sweep of section 4573.6 includes state mental hospitals in which inmates, who have been transferred there for treatment pursuant to section 2684, are involuntarily confined under the custody of peace officers.

An employee of Atascadero State Hospital...

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