People v. Lopez
Annotate this CaseDefendant appealed his conviction by jury of possession and transportation of a controlled substance. Health and Safety Code section 113791 prohibits transportation of a controlled substance. A violation of this section requires proof that the transportation was for sale. The court concluded that the trial court erred when it instructed the jury with an earlier version of section 11379 that did not require proof the transportation was for sale. However, the error was harmless because the jury found defendant possessed the same controlled substance for sale in his car after police stopped him for a traffic violation. Accordingly, the court affirmed the judgment.
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