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PEOPLE v. GASTELLO

No. F050325.

57 Cal.Rptr.3d 293 (2007)

149 Cal.App.4th 943

The PEOPLE, Plaintiff and Respondent, v. Tommy GASTELLO, Defendant and Appellant.

Court of Appeal of California, Fifth District.

April 13, 2007.

Attorney(s) appearing for the Case

Janice Wellborn, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Brian Alvarez and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

WISEMAN, J.

Defendant Tommy Gastello was convicted of bringing drugs into a jail. His case presents one question: Is an accused guilty of bringing drugs into jail if he or she entered the jail only due to being arrested and brought there in custody? The answer has to be no. Before defendant went out and encountered the police, he intentionally put the drugs in his pocket and...

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