What are the elements of the statutory elements test?

The People agree with defendant's assessment of the application of the statutory elements test, noting under the statutory elements test, a defendant can be convicted under section 11379, subdivision (a) without having the intent to sell, which is an element of section 11378. Under the "offering" theory of the crime, a conviction pursuant to section 11379, subdivision (a) is permissible without proof of actual or constructive possession of methamphetamine, which is a necessary element of section 11378.² A defendant can be convicted under section 11379, subdivision (a) without having an intent to sell, as required in section 11378. The proscribed act under section 11379, subdivision (a) is making the offer, with the offense being complete upon an offer made with the accompanying requisite intent. (People v. Daniels (1975) 14 Cal.3d 857, 861.) Delivery of the promised narcotic is not an essential element of the crime. (People v. Medina (1972) 27 Cal.App.3d 473, 476.) To sustain a conviction for possession of narcotics for sale, the prosecution must show the accused had control over the contraband with

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