5DCA Oral Argument - 2026/04/22 - Apr 22, 2026
argument5DCA Oral Argument - 2026/04/22
California Fifth District Court of Appeal
2h 13m
8 chapters
transcribed 9 days ago
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Transcript generated automatically by AI and may contain errors.
What case is being heard in the April 22 2026 oral argument?
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Good morning. Be seated, please. The first case on our calendar is F0900001 in Ray W. B. The representative for the Kern County Department of Human Services has waived oral argument. Appellant SV is pro per, but has not yet appeared telephonically. All right. We are going to pass that case then and move to the second case on calendar. But we need to change the panel in order to do that. So we'll be in a brief recess.
Be seated, please. Case F088458, People v. Jonathan Thor Williams. Would you state your appearances for the record?
Mr. Mahler, are you here?
That first piece was great. This one may be too. Mr. Mahler, are you with us? Is Mr. Mahler having difficulties, Madam Clerk? Yes. OK, there we go. Oh, sorry. That's all right. Mr. Mahler, would you state your appearance for the record?
Hello, my name is Brad Mahler, and I am a staff attorney at the Central California Appellate Program, and my client is Mr. Jonathan Thorough-Williams.
Thank you so much, Mr. Mahler. You've requested 15 minutes. Do you wish to reserve some time for your reply?
Yes, three minutes, please.
All right. Go ahead, sir, when you are ready.
Thank you. May it please the court. The respondent has conceded that the prosecution was prevented from using Mr. Williams' sealed 11-359 condition at trial. So because of that, I'm going to focus on two things this morning. First, I will talk about the insufficiency of the evidence for count two. Then second, I will talk about the argument from our supplemental opening brief. That argument involves how the invalid and false felony tainted the entire truck. First, let's look at the elements for account two. This is the health and safety code section 11366 charge, maintaining a drug house. This section requires the defendant to first, maintain a place, and second, to maintain this place with an intent to sell
or give away marijuana on a continuous basis. The evidence at trial did not support these elements. This statute has a very specific history. This was a prohibition era of nuisance law. This statute is aimed at places like speakeasies or drug houses. This statute criminalizes maintaining a place for the purpose of having people come to buy, sell, or use drugs on an ongoing basis. To satisfy these elements, the prosecution must show evidence of sales and traffic by users or buyers or people on drugs at the premises. There is no evidence of any of that here. Citing the Schultz, we have already demonstrated that the amount of the controlled substance is not a significant factor in this analysis. The 800 plants here is evidence of cultivation, not maintaining a drug house.
Respondent has asserted that there's evidence of maintaining the property for direct sales here based on Sergeant Carrero's testimony found at Volume 9 of the reporter's transcript of page 559. But what Carrero said was much more nuanced. Carrera specifically said that the property was being used for the cultivation of marijuana, comma, the sales of marijuana. Later in closing, the prosecutor explained the meaning of this testimony. She said, and this is a quotation, this is the open quote, again, we heard testimony from Sergeant Carrera about the fertilizers, the irrigation system, How connects each pause that the marijuana plant is in? That is continuously being maintained. They're continuously being watered and then trimmed and then transported elsewhere.
And that closes the quotation. I want to focus on the word elsewhere. Not at this place, but elsewhere. This is evidence of a cultivation operation, not of maintaining a drug house. The marijuana is being grown to be taken elsewhere, not to be used or sold on site. Castle Butte Road is a desolate property in the desert. Officers testified there was no traffic. There is nothing to suggest that this was the type of speakeasy or drug house that the statute criminalizes. The marijuana was being loaded into a U-Haul for transport. It was going somewhere else. That is cultivation. That is count six. It is not evidence that this place was being maintained as a site where drug transactions were happening on a continuous basis.
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Chapters
8 chapters
1
What case is being heard in the April 22 2026 oral argument?
4:29–32:07
2
How does counsel argue that the evidence is insufficient for count 2?
32:07–44:20
3
What is the argument about the prior felony conviction and its effect on the trial?
44:20–51:24
4
How does the defense distinguish a marijuana cultivation site from a drug house?
51:24–57:57
5
What evidence is presented regarding the child‑endangerment charges?
57:57–1:19:25
6
What are the key points of the closing arguments and the relief requested?
1:19:25–1:40:44
7
Why was there a panel change and a brief recess during the hearing?
1:40:44–2:13:07
8
What was the final outcome and what are the next steps after the hearing?
2:13:07–2:13:08