What is the difference between methamphetamine possession and drug possession?

California, United States of America


The following excerpt is from People v. Villa, C086385 (Cal. App. 2019):

Defendant urges us to give weight to the dissimilarities between the two crimes. For instance, during the prior incident, defendant attempted to flee and discarded his methamphetamine, while here, he did not attempt to flee and voluntarily turned over the methamphetamine stored in his groin area. Further, during the prior incident, defendant had about 25 grams of methamphetamine, while here, he possessed a total of about 9.3 grams. We are not convinced these differences take away from the probative value of the evidence, especially because it is well established the least degree of similarity is required to prove intent. (People v. Ewoldt (1994) 7 Cal.4th 380, 402.) In both cases, defendant possessed a large amount of methamphetamine on his person after leaving a home he was residing in that was known to be the center of drug sales. Accordingly, we proceed to

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evaluate whether this probative value was substantially outweighed by the prejudicial effect of the evidence.

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