What is the test for unlawful possession of a controlled substance for sale?

California, United States of America


The following excerpt is from People v. Serafin, E041958 (Cal. App. 4/8/2008), E041958 (Cal. App. 2008):

"Unlawful possession of a controlled substance for sale requires proof the defendant possessed the contraband with the intent of selling it and with knowledge of both its presence and illegal character. [Citation.] Transportation of a controlled substance is established by carrying or conveying a usable quantity of a controlled substance with knowledge of its presence and illegal character. [Citation.] The crimes can be established by circumstantial evidence and any reasonable inferences drawn from that evidence." (People v. Meza (1995) 38 Cal.App.4th 1741, 1746-1747.) "Where the circumstances support the trier of fact's finding of guilt, an appellate court cannot reverse merely because it believes the evidence is reasonably reconciled with the defendant's innocence." (Id. at p. 1747.)

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