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Name: People v. Sanchez
Case #: H035075
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/23/2011
Subsequent History: 7/20/11 rev. gr. (S193084)
Summary

A violation of Penal Code section 4573 for knowingly bringing a controlled substance into a jail does not require evidence that the arresting officer warned the defendant about doing so. Both People v. Low (2010) 49 Cal.4th 372 and People v. Gastello (2010) 49 Cal.4th 395 provide a definitive interpretation of section 4573. The fact that Low and Gastello were warned by their arresting officers is a factual distinction that is irrelevant. The critical fact is that the arrestee has an opportunity to purge himself of hidden drugs before entering the jail, or fails to do so. Bringing drugs into the jailis a crime under section 4573.
Penal Code section 12025, subdivision (b)(6) allows felony punishment for carrying a concealed weapon when the defendant is not listed as the registered owner of the firearm and it is loaded or unexpended ammunition is in the possession of the defendant or readily accessible.
It was a violation of the Sixth Amendment right to confront witnesses to allow introduction of a declaration that a search of the Automated Firearms System for the defendant’s name and date of birth produced no record. Melendez-Diaz v. Massachusetts (2009) __ U.S. __ [129 S.Ct. 2527] held that such a declaration, in a document prepared for trial and utilized to prove the fact expressed therein, is “testimonial.”