PEOPLE v. GASTELLO

No. S153170.

49 Cal.4th 395 (2010)

110 Cal. Rptr. 3d 658

232 P.3d 650

THE PEOPLE, Plaintiff and Respondent, v. TOMMY GASTELLO, Defendant and Appellant.

Supreme Court of California.

June 24, 2010.


Attorney(s) appearing for the Case

Linnéa M. Johnson, under appointment by the Supreme Court, and Janice Wellborn, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Janet Neeley, Brian Alvarez and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BAXTER, J.

This case presents issues related to those we decide today in People v. Low (2010) 49 Cal.4th 372 (Low), concerning Penal Code section 4573.1 As pertinent here, this statute, which is part of a larger scheme regulating crimes in prison and jail, makes it a felony for "any person" to "knowingly bring[]" a controlled substance into a custodial...

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