Under what circumstances will the elements test be used to determine that possession of drugs is not included in the transportation of drugs?

California, United States of America


The following excerpt is from People v. Morse, C075372 (Cal. App. 2015):

Defendant concedes that under the elements test, possession of drugs is not included within transportation of drugs. (See People v. Rogers (1971) 5 Cal.3d 129, 133-134.)

Page 15

Other Questions


In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
Does the fact that Weizoerick and Ahlo opined the drugs were possessed for sale rather than personal use, rather than possession, are sufficient evidence to convict a defendant of a drug offence? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
What is the record of a convicted drug addict who was convicted of drug possession and being under the influence of drugs in the past? (California, United States of America)
Is possession of cocaine base a necessarily included or necessarily included offense of possession of methamphetamine? (California, United States of America)
If a non-violent drug possession offence is a violation of the Public Prosecutions Code of Civil Procedure Act, can a defendant avoid jail if it is based on a minor drug possession charge? (California, United States of America)
Does the addition of a specific intent to sell as an element of transportation under section 11379 render possession for sale a lesser included offence? (California, United States of America)
What is the difference between possession of drug proceeds and conspiracy to possess drug proceeds? (California, United States of America)
Does a defendant have a right to a jury determination of the existence of the fact and "validity" elements of a motion to strike the special circumstance allegation? (California, United States of America)
In what circumstances will a defendant be convicted of a charge of possession of Class A drugs in a restaurant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.