Can a defendant be found guilty of possessing methamphetamine and transporting methamphetamine?

California, United States of America


The following excerpt is from People v. Elbouhy, E070498 (Cal. App. 2020):

Because defendant had constructive possession of the methamphetamine, he could properly be found guilty of possessing the methamphetamine and transporting the methamphetamine. (People v. Morante (1999) 20 Cal.4th 403, 415 ["It is well established that one may become criminally liable for possession for sale or for transportation of a controlled substance, based upon either actual or constructive possession of the substance"].) Therefore, we find no error.

Defendant asserts, "What is missing is definitive proof." Definitive proof is not required. Circumstantial evidence can constitute substantial evidence. (People v. Catlin (2001) 26 Cal.4th 81, 142.) Accordingly, we find defendant's argument to be unpersuasive.

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