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Name: People v. Morrison
Case #: B221598
Court: CA Court of Appeal
District 2 DCA
Division: 6
Citation: 191 Cal.App.4th 1551

Providing a false test to a probation officer to comply with court-ordered drug testing is a violation of Penal Code section 134. Appellant was on felony probation with a condition requiring him to submit to periodic drug testing. During a meeting with his probation officer, he submitted a false urine test. He was subsequently charged with and convicted of Penal Code section 134. Section 134 provides that a person is guilty of a felony if he: (1) prepares a false matter or thing with (2) intent to produce it as true upon any proceeding or inquiry authorized by law with (3) a fraudulent or deceitful purpose. Analyzing the language of the statute, the appellate court found that its purpose is to prevent fraudulent introduction of material in a proceeding under authority of law. A probation officer who performs drug testing pursuant to a condition of probation is conducting an inquiry authorized by law within the meaning of the statute. And application of the statute to a probationer who creates false evidence of probation compliance, upon which the court will rely to determine whether the probationer has been successful on probation, is consistent with the statute’s purpose.

Opinion Date: 01/25/2011