Skip to content
Name: In re Edward Q.
Case #: G041281
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/17/2009
Summary

Bringing marijuana into a juvenile hall is an offense governed by Welfare and Institutions Code section 871.5, subdivision (a), not Penal Code section 4573. The juvenile court found true a petition alleging the minor brought marijuana into the juvenile hall pursuant to Penal Code section 4573 (bringing controlled substance onto jail, prison, etc. grounds). The appellate court reversed, finding that the plain language of section 4573 does not include juvenile hall, and that Welfare and Institutions Code section 871.5, subdivision (a), which provides a lesser penalty, was enacted to address the gap. The court rejected the respondent’s proposed resolution to modify the dispositional order to reflect a finding under the appropriate statute, because a violation of Welfare and Institutions Code section 871.5 is not a lesser included offense of Penal Code section 4573. The court declined to address whether jeopardy had attached for the purpose of charging the minor under the proper statute. Instead, the court remanded for a new dispositional hearing on two other counts in an earlier petition.