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Name: People v. Davis
Case #: B184264
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/19/2006

Health and Safety Code section 11353.6, the statute which enhances punishment for drug offenses upon the grounds of, or within 1000 feet of a school, applies only to public areas that are readily accessible to the general public. Defendant was convicted of possession of cocaine for sale offenses based on drugs found in his garage. Defendant’s residence was located across from a school. Based on this fact, the jury also sustained a true finding that he possessed the cocaine “upon the grounds of, or within 1000 feet of” a school. Defendant argued there was insufficient evidence to uphold this finding. The Court of Appeal accepted respondent’s concession that the evidence was insufficient to sustain the jury’s fining on the enhancement. It was undisputed that the drugs were in the garage of a private residence that was not accessible to the public. Nor was there evidence presented that defendant sold the drugs anywhere outside the garage.