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Name: People v. Morrison
Case #: B221598
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 01/25/2011

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.