What is the test for sustaining a petition alleging a violation of Health and Safety Code section 11359.1?
California, United States of America
The following excerpt is from People v. Juan H. (In re Juan H.), B247710 (Cal. App. 2014):
1. "In order to secure a conviction of a violation of Health and Safety Code section 11351, the prosecution must prove beyond a reasonable doubt . . . the defendant possessed a controlled substance with the specific intent to sell it. [Citations.]" (People v. Parra (1999) 70 Cal.App.4th 222, 225-226 (Parra).) The same is true in order to sustain a petition alleging a violation of Health and Safety Code section 11359.
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