What is the test for possession of a controlled substance in a jail?
California, United States of America
The following excerpt is from People v. Nelms, C055100 (Cal. App. 12/11/2007), C055100 (Cal. App. 2007):
At any rate, the case presented to the jury involved a continuous and indivisible possession of a controlled substance. Because that possession supported defendant's conviction on two separate offenses, he may be punished only for the one providing the greater potential punishment. (See People v. Kramer (2002) 29 Cal.4th 720, 723-724.) In this case, that would be the offense of possession of a controlled substance in a jail, carrying a potential sentence of four years. ( 4573.6.)
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