People v. Zepeda

RICHARDS, J. pro tem.

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Defendants, Chonito Zepeda and Evelyn Zepeda, husband and wife, were found guilty by the court of a violation of section 4573.6 of the Penal Code, a felony. Each appeals from the judgment.

The information charges that they “did willfully, unlawfully and feloniously have in their possession amphetamine sulphate while in the Los Angeles County Jail (Road Camp No. 11), the said defendants not being then and there authorized to possess said amphetamine sulphate, by the rules of the Los Angeles County Jail, and said defendants not being then and there specifically authorized by the Jailer and other persons in charge of said County Jail to possess said drug.”

On January 27, 1963, Mrs. Zepeda came to County Road Camp No. 11 to visit Mr. Zepeda who had been confined for about five or six months for an undisclosed offense. She had visited him at the camp about six times previously. After sitting at one of the visiting tables for about three hours, Mr. Zepeda left the table and was asked by the guard, a deputy sheriff, to go to the dining room. There the officer asked Mr. Zepeda to place any articles in his possession on the table which Mr. Zepeda did, including a carton of cigarettes and two open packages of cigarettes, one of which contained

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34 tablets of amphetamine sulphate.

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Thereafter, and while still at the road camp, Mrs. Zepeda denied having brought into camp the pills in her husband’s possession and denied having anything in her possession at that time which she should not have. She consented to a request of the guard to empty the contents of her purse. Having done so she was holding the purse in such a position that the guard could see the bottom of the inside and he reached down to the bottom and felt a lump under the cardboard liner which was only fastened at one side. He lifted the cardboard strip and found a package containing 128 of the same amphetamine sulphate pills found on Mr. Zepeda. She was then placed under arrest.

Section 4573.6 of the Penal Code provides, in pertinent part: “Any person having in his possession in any . . . county . . . road camp . . . where prisoners or inmates are being held under the custody of any sheriff, ... or within the grounds belonging to any such jail, road camp, . . . any narcotics, or drugs in any manner, ... or alcoholic beverage, without being authorized to so possess the same by the rules of the . . . camp, ... or by the specific authorization of the . . . jailer or other person in charge of the . . . camp, . . . is guilty of a felony.”