California, United States of America
The following excerpt is from People v. Miles, C056539 (Cal. App. 12/8/2009), C056539 (Cal. App. 2009):
In a prosecution alleging unlawful possession of a controlled substance for sale, the People must prove the accused possessed the contraband with the intent of selling it and with knowledge of both its presence and its illegal character. (People v. Harris (2000) 83 Cal.App.4th 371, 374.)
For purposes of determining the admissibility of evidence pursuant to section 1101, subdivision (b), a plea of not guilty places all elements of the charged offense in dispute, "`unless the defendant has taken some action to narrow the prosecution's burden of proof.'" (People v. Ewoldt, supra, 7 Cal.4th at p. 400, fn. 4, quoting from People v. Daniels (1991) 52 Cal.3d 815, 857-858.)
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.