People v. Vera, 99 Cal. Daily Op. Serv. 1077 (Cal. Ct. App. 1999). · Go Syfert
People v. Vera, 99 Cal. Daily Op. Serv. 1077 (Cal. Ct. App. 1999). Cases Citing This Book View Copy Cite
37 citation events (36 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Marrujo CA4/2
Cal. Ct. App. · 2021 · confidence medium
Code, § 11366.) The elements of the offense of maintaining a drug house “ ‘are that the defendant (a) opened or maintained a place (b) with a purpose of continuously or repeatedly using it for selling, giving away, or using a controlled substance.’ ” (People v. Franco (2009) 180 Cal.App.4th 713, 721 .) “ ‘[E]vidence of a single, isolated instance of the sale of narcotics, standing alone, without any other corroborating circumstances of which the defendant is shown to have any knowledge, is not legally sufficient to prove that [s]he was “maintaining” [a] place . . . for the pur…
discussed Cited as authority (rule) People v. Meyers CA1/3
Cal. Ct. App. · 2014 · confidence medium
(See, e.g., People v. Franco (2009) 180 Cal.App.4th 713, 726 ; People v. Vera (1999) 69 Cal.App.4th 1100, 1103 (Vera).) 4 Defendant initially argues his conviction for violating section 11366 should be set aside because there was no evidence showing that he rented the house for use as a “drug den,” and not a residence.
discussed Cited as authority (rule) People v. Meyers CA1/3
Cal. Ct. App. · 2014 · confidence medium
(See, e.g., People v. Franco (2009) 180 Cal.App.4th 713, 726 ; People v. Vera (1999) 69 Cal.App.4th 1100, 1103 (Vera).) 4 Defendant initially argues his conviction for violating section 11366 should be set aside because there was no evidence showing that he rented the house for use as a “drug den,” and not a residence.
discussed Cited as authority (rule) People v. Thomson CA5 (2×) also: Cited "see, e.g."
Cal. Ct. App. · 2013 · confidence medium
(People v. Vera (1999) 69 Cal.App.4th 1100, 1102 (Vera).) While there was evidence the bedroom was being used to package methamphetamine for sale, there was no evidence that sales were taking place from the bedroom.
discussed Cited as authority (rule) Philander Salviejo-Fernandez, AKA Philander Salviejo v. Alberto R. Gonzales, Attorney General (2×)
9th Cir. · 2006 · confidence medium
Instead, it is section 11366 — the section that lacks the knowledge element — that makes an owner liable "merely by providing a place for drug abusers to gather and share their experience." People v. Vera, 69 Cal.App.4th 1100 , 82 Cal.Rptr.2d 128, 129 (1999) (quoting People v. Green, 200 Cal.App.3d 538 , 246 Cal.Rptr. 164, 167 (1988)). 3 Indeed, we should not lightly conclude, as the majority does, that the legislature's inclusion of an additional element to a crime is mere surplus-age. "[W]e strive to avoid constructions that render words meaningless." United States v. LSL Biotechnologies…
discussed Cited as authority (rule) Salviejo-Fernandez v. Gonzales
9th Cir. · 2006 · confidence medium
Instead, it is section 11366 — the sec- tion that lacks the knowledge element — that makes an owner liable “merely by providing a place for drug abusers to gather and share their experience.” People v. Vera, 82 Cal. Rptr. 2d 128, 129 (Cal. Ct. App. 1999) (quoting People v. Green, 246 Cal. Rptr. 164, 167 (Cal. Ct. App. 1988)). 3 Indeed, we should not lightly conclude, as the majority does, that the legislature’s inclusion of an additional element to a crime is mere surplus- age. “[W]e strive to avoid constructions that render words meaningless.” United States v. LSL Biotechnologie…
discussed Cited as authority (rule) State v. LaPlante
S.D. · 2002 · confidence medium
See also United States v. Verners, 53 F.3d 291, 296 (10thCir.1995); State v. Ceglowski, 103 Wash.App. 346 , 12 P.3d 160, 163 (2000); People v. Vera, 69 Cal.App.4th 1100 , 82 Cal.Rptr.2d 128, 129-130 (1999); Meeks v. State, 872 P.2d 936, 938 (Okla.Crim.App.1994); Howard v. State, 815 P.2d 679, 683 (Okla.Crim.App.1991). [¶ 23.] We agree with the other jurisdictions and hold that SDCL 22-42-10 does not generally prohibit the mere possession of a small quantity of controlled drugs that is only intended for the personal use of the occupant.
discussed Cited "see" People v. Franco (2×)
Cal. Ct. App. · 2009 · signal: see · confidence high
Additional Background Section 11366 provides in pertinent part: “Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance . . . shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison.” “The proscribed ‘purpose’ is one that contemplates a continuity of such unlawful usage; a single or isolated instance of the forbidden conduct does not suffice.” (People v. Horn (1960) 187 Cal.App.2d 68, 72 [ 9 Cal.Rptr. 578 ] (Tobriner, J.); see People v. Vera (1999) 69…
discussed Cited "see, e.g." People v. Ragan CA3
Cal. Ct. App. · 2016 · signal: see also · confidence medium
Similarly, the courts have held that Health and Safety Code section 11366 and its predecessor, section 11557, are aimed at places intended for a continuing course of use or distribution.” (People v. Shoals (1992) 8 Cal.App.4th 475, 490 ; see also People v. Vera (1999) 69 Cal.App.4th 1100, 1102-1103 [“The defendant seems to suggest that a violation of section 11366 occurs if a person engages in the personal, sequential use of any of the specified substances in his or her residence.
Retrieving the full opinion text from the archive…
The PEOPLE, Plaintiff and Respondent,
v.
MARVEYA VERA, Defendant and Appellant
H017420.
California Court of Appeal.
Feb 8, 1999.
99 Cal. Daily Op. Serv. 1077
Counsel, John D. Schunk, under appointment by the Court of Appeal, for Defendant and Appellant., Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Joan Killeen and George F. Hindall III, Deputy Attorneys General, for Plaintiff and Respondent.
Elia.
Cited by 15 opinions  |  Published

Opinion

ELIA, J.

Marveya Vera appeals from a judgment of conviction of conspiracy to commit a crime (Pen. Code, § 182, subd. (a)(1)), namely a violation of Health and Safety Code section 11370 (sale of methamphetamine), and possession of a controlled substance, namely cocaine (Health & Saf. Code, § 11350, subd. (a)), following a jury trial.

[*1102] On appeal, the defendant contends she received ineffective assistance of counsel because (1) her attorney failed to argue that the least adjudicated elements of her prior conviction of violating Health and Safety Code section 11366 [1] did not necessarily establish moral turpitude and, therefore, the conviction was inadmissible for impeachment under People v. Castro (1985) 38 Cal.3d 301 [211 Cal.Rptr. 719, 696 P.2d 111] and (2) her attorney failed to have her stipulate that she knew the substance, which officers found under her bed in the bedroom she had shared with her boyfriend up until shortly before her arrest, was cocaine. She asserts that these steps would have enabled her defense counsel to successfully object to the admission of evidence of her prior conviction of violating section 11366 and of her prior drug use on the ground that such evidence was unnecessary to prove knowledge.

In the published portion of this opinion, we hold that a violation of section 11366 is a crime of moral turpitude.

A. Moral Turpitude

Section 11366 makes it a crime to open or maintain “any place for the purpose of unlawfully selling, giving away, or using” specified controlled substances or narcotic drugs. [2] The statute is aimed at places intended to be utilized for a continuing prohibited purpose, and a single or isolated instance of misconduct does not suffice to establish a violation. (See People v. Shoals (1992) 8 Cal.App.4th 475, 490 [10 Cal.Rptr.2d 296]; see also People v. Horn (1960) 187 Cal.App.2d 68, 70, 72-73 [9 Cal.Rptr. 578]; People v. Holland (1958) 158 Cal.App.2d 583, 588-589 [322 P.2d 983]; CALJIC No. 12.08.) “Health and Safety Code section 11366 does not require that the place be maintained for the purpose of selling; it can be violated without selling, merely by providing a place for drug abusers to gather and share their experience.” (People v. Green (1988) 200 Cal.App.3d 538, 544 [246 Cal.Rptr. 164].)

The defendant seems to suggest that a violation of section 11366 occurs if a person engages in the personal, sequential use of any of the specified[*1103] substances in his or her residence. We do not read this section to cover mere repeated solo use at home. To “open” means “to make available for entry” or “to make accessible for a particular purpose” (Webster’s New Collegiate Dict. (9th ed. 1990) p. 826), and to “maintain” means “to continue or persevere in” (id. at p. 718). When added to the word “place,” the opening or maintaining of a place indicates the provision of such locality to others.

Subject to a trial court’s discretion under Evidence Code section 352, a prior felony conviction is admissible for impeachment if the least adjudicated elements of the conviction necessarily involve moral turpitude, which is a “ ‘readiness to do evil.’ ” (People v. Castro, supra, 38 Cal.3d 301, 314, 315; see Cal. Const., art. I, § 28, subds. (d) [Right to Truth-in-Evidence] and (f) [Use of Prior Convictions].) “Misconduct involving moral turpitude may suggest a willingness to lie [citations]” and, therefore, is relevant to a witness’s honesty and veracity. (People v. Wheeler (1992) 4 Cal.4th 284, 295 [14 Cal.Rptr.2d 418, 841 P.2d 938]; see Evid. Code, § 210.)

The Supreme Court has held that, “while simple possession of heroin does not necessarily involve moral turpitude [citations], possession for sale does—though the trait involved is not dishonesty but, rather, the intent to corrupt others.” (People v. Castro, supra, 38 Cal.3d at p. 317.) The defendant recognizes that California courts have found criminal drug offenses involving sale or transportation or possession for sale are crimes of moral turpitude. (See People v. Standard (1986) 181 Cal.App.3d 431, 435 [226 Cal.Rptr. 62] [possession of marijuana for sale]; People v. Dossman (1985) 171 Cal.App.3d 843, 848-849 [217 Cal.Rptr. 728] [possession of controlled substance for sale]; People v. Navarez (1985) 169 Cal.App.3d 936, 949 [215 Cal.Rptr. 519] [transportation/sale of heroin]; People v. Hunt (1985) 169 Cal.App.3d 668, 675 [215 Cal.Rptr. 429] [sale of heroin].)

It is true that a violation of section 11366 may be committed by opening or maintaining a place for the sole purpose of unlawfully “using,” as opposed to “selling” or “giving away,” specified controlled substances or narcotic drugs. However, regardless of which of those prohibited purposes is actually involved, the place is intended to be provided to others for that prohibited purpose. Thus, unlike an offense of simple possession, a violation of section 11366 necessarily evidences moral turpitude because it involves the intent to corrupt others.

B. Ineffective Assistance of Counsel *

[*1104] Disposition

The judgment is affirmed.

Cottle, P. J., and Premo, J., concurred.

Appellant’s petition for review by the Supreme Court was denied May 12, 1999.

1

All further statutory references are to the Health and Safety Code unless otherwise stated.

2

Section 11366 in Ml provides: “Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance which is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b), (c), paragraph (1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of Section 11055, or (2) which is a narcotic drug classified in Schedule III, IV, or V, shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison.”

*

See footnote, ante, page 1100.