228 Cal. App. 4th 449
Cal. Ct. App.2014Background
- Redd was convicted by jury of count 1: conspiracy to commit unauthorized communication with a state prison inmate (Pen. Code, §§ 182, subd. (a)(1), 4570) and count 2: conspiracy to pervert or obstruct justice (§ 182, subd. (a)(5)).
- Cornil, a prison cook, pled guilty to conspiracy to communicate with any prisoner and bribery; charges against Redd’s co-defendant were resolved through a plea.
- An anonymous tip led to Cornil being stopped at the prison with cell phones, chargers, and tobacco allegedly for Redd.
- Evidence included Cornil’s statements, jail surveillance, confiscated items, telephone records, and forensic analysis linking items to prison inmates and Redd.
- Redd challenged the sufficiency of evidence for count 1 and contended count 2 was invalid as a “non-crime” conspiracy; the court reversed count 2 but affirmed count 1 on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for count 1 | Redd conspired to violate 4570; evidence showed intent to deliver phones. | No proof that cell phones were used to communicate with a prisoner. | Sufficient evidence supported conspiracy to violate 4570. |
| Sufficiency of evidence for count 2 | Conspiracy to pervert or obstruct justice by delivering tobacco to Redd involved perverting law. | Bringing tobacco to a prison inmate is not perversion/obstruction of justice. | Insufficient evidence; count 2 reversed. |
| Scope of § 182(a)(5) obstruction/bribery nexus | Conspiracy to obtain tobacco and bring it into prison perverts the due administration of laws. | Bringing tobacco is not within Crimes Against Public Justice; overbroad. | The alleged tobacco conspiracy did not establish perversion/obstruction; insufficient under § 182(a)(5). |
| Non-crime framing and territorial scope | Lorenson/Davis allow broader acts to pervert justice; conspiracy covered by § 182(a)(5). | Davis did not render any unlawful act per se a public-justice crime; must be articulated. | Counts tied to tobacco not shown to pervert/obstruct justice; conviction reversed for count 2. |
Key Cases Cited
- Lorenson v. Superior Court, 35 Cal.2d 49 (1950) (conspiracy to commit offenses to protect or obstruct official duties can be justice-obstructing)
- Davis v. Superior Court, 175 Cal.App.2d 8 (1959) (perverting/obstructing justice not limited to title 7 crimes; illustrative, not exclusionary)
- Morante v. Superior Court, 20 Cal.4th 403 (1999) (conspiracy elements and required intent to agree to commit offense)
- Chadd v. California, 28 Cal.3d 739 (1981) (guilty plea as judicial admission of elements of offense)