People v. Morrison
120 Cal. Rptr. 3d 502
Cal. Ct. App.2011Background
- Morrison on supervised felony probation with periodic drug testing; he provided a falsified urine sample.
- He was charged with a felony violation of Penal Code §134 and his probation was revoked.
- The trial court held Morrison to answer and later instructed the jury on §134 elements.
- The court instructed that probation officers are law enforcement and probation drug testing and revocation are inquiries/ proceedings authorized by law.
- The statute §134 criminalizes preparing false material with intent to produce it in any law‑authorized trial, proceeding, or inquiry.
- Appellant argues §134 does not apply to his probation conduct and that the jury instruction invaded jury authority; the Court affirms the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §134 apply to probationers who falsify urine for drug testing? | Morrison argues not applicable. | People argue broadly that 'inquiry authorized by law' includes probation drug testing. | Yes, §134 applies to probation drug testing. |
| Was there intent to produce the false sample at any law‑authorized proceeding? | Morrison asserts no intent to produce at a proceeding. | People contend intent to deceive in the testing suffices regardless of specific target proceeding. | Intent to produce the falsified sample as genuine satisfies the statute. |
| Did the trial court appropriately instruct on the meaning of 'inquiry authorized by law' and related terms? | Morrison contends instructions invaded jury role. | People contend instructions properly explained probation testing and revocation proceedings. | Instructions did not invade jury role and were proper. |
Key Cases Cited
- People v. Hassan, 168 Cal.App.4th 1306 (Cal.App.4th 2008) (de novo review on statutory application to undisputed facts)
- People v. Bhasin, 176 Cal.App.4th 461 (Cal.App.4th 2009) (supports interpretation of §134 broadly to include probation contexts)
- People v. Clark, 72 Cal.App.3d 80 (Cal.App.3d 1977) (extending §134 beyond courtroom proceedings; relevance to probation testing)
- People v. Laws, 120 Cal.App.3d 1022 (Cal.App.3d 1981) (intent requirement and broad scope of §134)