What is the difference between a charge of possession of a controlled substance for sale and a conviction for failing to turn up for trial?

California, United States of America


The following excerpt is from People v. Wheeler, D068402 (Cal. App. 2016):

Here, the record shows defendant in count 1 was charged with possession of a controlled substance for saleabout 35 grams of methamphetamine. Under the plain language of the statute, his failure to appear after being released from custody on bail was a felony offense. (See People v. Lewis (2015) 234 Cal.App.4th 203, 210 [noting "when a statute's language is clear, the plain meaning ordinarily controls"].) That the jury ultimately acquitted defendant of possession of a controlled substance for sale and found him guilty of the lesser-included offense of misdemeanor possession is of no consequence in connection with the felony offense in count 2.

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