What are the essential elements of unlawful possession of a controlled substance?

California, United States of America


The following excerpt is from People v. Odell, F062979 (Cal. App. 2013):

In reviewing the sufficiency of the evidence supporting a criminal conviction, the critical inquiry is whether the record evidence reasonably could support a finding of guilty beyond a reasonable doubt. The relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. In determining whether a reasonable trier of fact could have made such a finding, this court views the evidence in the light most favorable to the People and presume in support of the judgment the existence of every fact the trier of fact reasonably could deduce from the evidence. (People v. Staten (2000) 24 Cal.4th 434, 460.)

The essential elements of unlawful possession of a controlled substance are "dominion and control of the substance in a quantity usable for consumption or sale, with knowledge of its presence and of its restricted dangerous drug character. Each of these elements may be established circumstantially. [Citation.]" (People v. Camp (1980) 104 Cal.App.3d 244, 247-248; see People v. Palaschak (1995) 9 Cal.4th 1236, 1241-1242 (Palaschak).) Transportation of a controlled substance is established by proof that the

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defendant (1) transported the controlled substance (2) with knowledge of its presence and illegal character. (People v. Meza (1995) 38 Cal.App.4th 1741, 1746.)

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What are the elements of unlawful possession of a controlled substance? (California, United States of America)
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