People v. Lee

136 Cal.App.4th 522 (2006)

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Nature of the Case

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Facts

As a result of monitored telephone conversations between D, an inmate in the Substance Abuse Treatment Facility (SATF) at Corcoran State Prison, and his wife, Rush, correctional officers suspected Rush would be smuggling drugs into the prison at D's behest. Rush was intercepted upon her arrival and during the search, she relinquished a green condom containing three bindles of marijuana and loose tobacco; and a clear condom containing three small bindles of marijuana, two separately packaged rocks of cocaine base, and loose tobacco. They had been stored in her bra. Rush contends she had been told to bring in the drugs by a noninmate she knew only as Stephon. Stephon Devine was an employee of the counseling program provider at SATF. Rush agreed to help the district attorney's office in its investigation of Devine, then informed the investigator that she had lied about D's lack of involvement. Devine, D, and Rush were working together. According to Rush, she started bringing drugs into the prison because she was afraid of D. She initially received a telephone call at her office in Santa Monica. The caller told her to buy drugs and bring them to the prison. She thought it was a joke, but, a few hours later, two individuals came to her office and threatened her. She also received a telephone call from D's aunt, telling her that she had to give him money and cooperate with him because she was always putting him in a bind. Lee telephoned her and told her to cooperate in bringing the items into the prison. He confirmed that he knew about the people who came to her office. She had to bring tobacco and money to the prison and leave it for Devine at prearranged locations. She also sent money to Devine, as well. The drugs on July 12 were intended for D, who was the one who told her to bring them in. D told her how to package the items, as well as the number of items to bring. D was convicted for conspiring to violate § 4573.9 which prohibited 'any person, other than a person held in custody' from furnishing illegal substances to a prison inmate. D appealed contending that he was an inmate in custody and therefore cannot be guilty of conspiring to violate the statute.