What is the test for a jury to convict a defendant of possessing methamphetamine with intent to sell?

California, United States of America


The following excerpt is from People v. Zamudio, B247216 (Cal. App. 2014):

We further conclude the evidence was sufficient to support the jury's finding that defendant possessed the methamphetamine with the intent to sell. We note that " '[i]ntent is rarely susceptible of direct proof and usually must be inferred from the facts and circumstances surrounding the offense.' [Citation.] 'Evidence of a defendant's state of mind is almost inevitably circumstantial, but circumstantial evidence is as sufficient as direct evidence to support a conviction.' [Citation.]" (People v. Rios (2013) 222 Cal.App.4th 542, 567-568; People v. Harris (2000) 83 Cal.App.4th 371, 374 [intent to sell controlled substance may be established by circumstantial evidence].)

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