What is the test for possession for purpose of sale?
California, United States of America
The following excerpt is from People v. Harris, 83 Cal.App.4th 371, 99 Cal.Rptr.2d 618 (Cal. App. 2000):
purposes of sale based upon such matters as the quantity, packaging and normal use of an individual; on the basis of such testimony convictions of possession for purpose of sale have been upheld. [Citations.]" (People v. Newman (1971) 5 Cal.3d 48, 53, 95 Cal.Rptr. 12, 484 P.2d 1356.) Thereafter, it is for the jury to credit such opinion or reject it.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
Does the sale of real property in foreclosure constitute a voluntary sale for purposes of income tax purposes? (California, United States of America)
Is possession of a controlled substance necessarily included in a charge of possessing the same controlled substance for the purpose of sale? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
Does the fact that Weizoerick and Ahlo opined the drugs were possessed for sale rather than personal use, rather than possession, are sufficient evidence to convict a defendant of a drug offence? (California, United States of America)
What is the aggravating factor when a defendant is convicted of possession for sale of marijuana for the purpose of burglary? (California, United States of America)
What is the test for denying probation to an appellant for possession of PCP for purposes of sale? (California, United States of America)
What are the mitigating factors under section 1203.07 of the California Criminal Code for a drug dealer convicted of possession for sale or sale of heroin? (California, United States of America)
Is possession of a controlled substance for the sole purpose of disposing of it a defense to criminal possession of the controlled substance? (California, United States of America)
Does the defense of transitory possession in Mijares apply only to momentary or momentary possession of contraband for the purpose of disposal? (California, United States of America)
