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People v. Lee
California Court of Appeal, Fifth District
136 Cal.App.4th 522, 38 Cal.Rptr.3d 927 (2006)
DeAndre Lee (defendant) was held in custody at a state-prison drug-treatment center. Lee and his wife arranged that she would smuggle illegal drugs into the prison for Lee's use. The State of California (plaintiff) successfully prosecuted Lee for conspiring to violate § 4573.9 of the state code, which prohibited "any person, other than a person held in custody" from furnishing illegal substances to a prison inmate. On appeal to the California Court of Appeal, Lee contended that because he was held in custody and therefore not guilty of violating § 4573.9 itself, he could not be guilty of conspiring to violate that statute.
Rule of Law
Holding and Reasoning (Ardaiz, P.J.)
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