Conviction of defendant for drug related crimes is affirmed as a defendant who disposes of contraband not out of scruple, but because of the threat of bodily harm or police apprehension cannot invoke People v. Mijares, 6 Cal.3d 415 (1971) (standing for the proposition that under certain limited circumstances, momentary possession of contraband is not legally culpable).
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Filed February 10, 2010
Opinion by Judge Bedsworth
Appellant: Richard Schwartzberg
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor and Marissa Bejarano, Deputy Attorneys General