People v. Adams CA5

Filed 6/22/21 P. v. Adams CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F081025 Plaintiff and Respondent, (Super. Ct. No. DF014662A) v.

ALBERT ADAMS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David Wolf, Judge. Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Erin Doering, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Snauffer, J.

INTRODUCTION In 2016, the voters adopted Proposition 64, which (with certain limitations) legalized possession of “not more than 28.5 grams of cannabis” by persons 21 years of age or older. (Health & Saf. Code, § 11362.1, subd. (a)(1);1 People v. Perry (2019) 32 Cal.App.5th 885, 888 (Perry).) In 2019, appellant Albert Adams was charged with possession of marijuana while incarcerated in prison in violation of Penal Code section 4573.6. He pleaded no contest to an amended charge of possession of any drug or alcohol in prison in violation of Penal Code section 4573.8. As part of the plea, the parties agreed appellant could appeal the question of whether possession of less than 28.5 grams of marijuana in prison is unlawful. In 2020, appellant was sentenced to 32 months in prison. California Courts of Appeal are split on whether possession of less than 28.5 grams of marijuana in prison is unlawful. (Compare Perry, supra, 32 Cal.App.5th 885 [Proposition 64 did not decriminalize possession of cannabis in prison] with People v. Raybon (2019) 36 Cal.App.5th 111 (Raybon) [Proposition 64 decriminalized possession of less than 28.5 grams of marijuana in prison], review granted Aug. 21, 2019, S256978.)2 Appellant contends we should follow Raybon and reverse his judgment. In the alternative, he argues his judgment should be conditionally reversed and the matter remanded to afford the People an opportunity to show he possessed more than 28.5 grams of marijuana in prison. Appellant’s arguments are without merit. We affirm.