Perris City Councilman and Close friend of Moreno Valley City Councilwoman Victoria Baca arrested to day at 4:53 p.m. on charges of possession of controlled substance (methamphetamine) , and is currently being held at the Robert Presley Detention Center.
On Tuesday, June 24, 2014, about 7:30 AM, officers from the Perris Police Department responded to a hotel located near the 500 Block of Redlands Boulevard in the city of Perris, regarding a reported theft.
Julio Rodriguez, (28) of Perris, was booked into the Robert Presley Detention Center for possession of a controlled substance, possession of drug paraphernalia and being under the influence of a controlled substance. The bail in this case is set at $5000.00
Mr. Rodriguez was elected to the Perris City Council November 2012 after spending $500 on his campaign, which was used to pay for 100 signs and four banners (No mailers, no phone banks, no splashy campaign ads).
Rodriguez won that election with 5,642 or 31.63%, it was considered a shock to those in the political world to see such a victory without so much as a true campaign (who knows, maybe they should have looked into campaign fraud).
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11364 HS. (a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e) or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c)of Section 11055, or specified in paragraph (2) of subdivision (d)of Section 11055, or (2) a controlled substance which is a narcotic drug classified in Schedule III, IV, or V.
(b) This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste.
(c) Pursuant to authorization by a county, with respect to all of the territory within the county, or a city, with respect to the territory within the city, for the period commencing January 1, 2005, and ending December 31, 2018, subdivision (a) shall not apply to the possession solely for personal use of 10 or fewer hypodermic needles or syringes if acquired from an authorized source.
11377 HS. (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054,except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)specified in paragraph (11) of subdivision (c) of Section 11056, (4)specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code.
11550 HS. (a) No person shall use, or be under the influence of 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 (14), (15), (21), (22), or (23) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic drug classified in Schedule III, IV, or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception. Any person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days or more than one year in a county jail. The court may place a person convicted under this subdivision on probation for a period not to exceed five years and, except as provided in subdivision (c), shall in all cases in which probation is granted require, as a condition thereof, that the person be confined in a county jail for at least 90 days. Other than as provided by subdivision (c), in no event shall the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.
It should be noted, that in most cases (if this is a first time offence), Mr. Rodriguez would more than likely eligible for a plea deal of a diversion program in lue of prosecution and conviction, or even a conviction due to a plea of guilty at a lesser charge of a misdemeanor. This does not however take him off the hook as an elected City Council Member for the City of Perris, as there still is an issue of “moral turpitude,” or “willful or corrupt misconduct” in office, which can be used for their removal from office without a felony conviction against them.
More on this as it unfolds.