Legal Question in Criminal Law in California

11379(a)H&S Code

I was arrested and charged with11379(a),11377(a)and11378 H&S Code.After my pre-lim,they dropped 11378( posess/sale). because they can't prove. If 11379(a) is transport/sale,why would they not drop that also?I am guilty of possession(11377)but not transportation/sales(11379(a). How does one argue that,and could you tell me where I might find info or other cases that could help?


Asked on 5/26/07, 3:27 pm

1 Answer from Attorneys
Jay Leiderman Leiderman Devine LLP

Re: 11379(a)H&S Code

If the possession occurred in a car or if the drugs moved in any way, 11379 fits under the theory of simple transportation, not transportation for sale. 11379 transportation for personal use will not exclude you from drug treatment under PC 1210.1.

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Answered on 5/29/07, 1:26 pm


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