Can a jury not convict an appellant of drug trafficking unless it found that appellant intended to transport drugs for sale?
California, United States of America
The following excerpt is from People v. Lopez, 2d Crim. No. B282387 (Cal. App. 2018):
Appellant argues that the trial court, in giving a standard CALCRIM No. 2300 instruction on transportation for sale, failed to instruct that the jury could not convict unless it found that appellant intended to transport drugs for sale. Appellant did not object to the CALCRIM No. 2300 instruction or request amplifying language, thereby waiving the error. (People v. Smithey (1999) 20 Cal.4th 936, 976, fn. 7; People v. Hart (1999) 20 Cal.4th 564, 622.)
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