People v. Campbell CA2/3

Filed 12/24/20 P. v. Campbell CA2/3 See concurring opinion NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B302318

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA067879) v.

ELMER CAMPBELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Charles A. Chung, Judge. Reversed. Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Stephanie C. Brenan, Blythe Leszkay and Toni R. Johns Estaville, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

Elmer Campbell appeals from an order denying his petition to have his conviction for possessing marijuana in prison reduced or dismissed under the Control, Regulate and Tax Adult Use of Marijuana Act (the act) (Voter Information Guide, Gen. Elec. (Nov. 8, 2016) Prop. 64, § 1, p. 178 ). We reverse. BACKGROUND In 2016, Campbell pleaded nolo contendere to possessing contraband marijuana in jail (Pen. Code, § 4573.6, subd. (a)). The trial court sentenced him to three years in prison. Later that year, the electorate passed the act, which generally reduced marijuana-related crimes to misdemeanors. In 2019, Campbell petitioned to have his conviction redesignated and dismissed under Health and Safety Code section 11361.8,1 which was added by the act. The trial court, after noting a split of authority regarding whether section 11361.8 applies to convictions of Penal Code section 4573.6, denied the petition. Campbell thus appeals, contending that the act applies to convictions of Penal Code section 4573.6. DISCUSSION Penal Code section 4573.6, subdivision (a), provides that any person who knowingly possesses in prison any controlled substance, the possession of which is prohibited by division 10 of the Health and Safety Code, is guilty of a felony. As pertinent here, the act decriminalized possessing less than 28.5 grams of marijuana for people 21 years of age or older. (§ 11362.1, subd. (a).) A person currently serving a sentence for a conviction