Can a defendant be convicted of possession of cocaine for sale and transportation of cocaine?

California, United States of America


The following excerpt is from People v. Watterson, 234 Cal.App.3d 942, 286 Cal.Rptr. 13 (Cal. App. 1991):

Defendant contends that she cannot be convicted of both possession of cocaine for sale and transportation of cocaine when the possession is incidental to or a necessary part of the transportation. 12 She relies on People v. Rogers (1971) 5 Cal.3d 129, 95 Cal.Rptr. 601, 486 P.2d 129. In Rogers [234 Cal.App.3d 945] the court held that an acquittal on the charge of possession of narcotics did not preclude a conviction for transportation of narcotics. In reaching this conclusion, the court stated that while "possession is commonly a circumstance tending to prove transportation, it is not an essential element of that offense and one may 'transport' marijuana or other drugs even though they are in the exclusive possession of another." (Id., at p. 134, 95 Cal.Rptr. 601, 486 P.2d 129.)

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