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

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.)

Other Questions


Is possession of a controlled substance necessarily included in a charge of possessing the same controlled substance for the purpose of sale? (California, United States of America)
Is possession of a controlled substance for the sole purpose of disposing of it a defense to criminal possession of the controlled substance? (California, United States of America)
What is the test for unlawful possession of a controlled substance for sale? (California, United States of America)
What is the test for unlawful possession of a controlled substance for sale? (California, United States of America)
What is the test for unlawful possession of a controlled substance for sale? (California, United States of America)
What is the test for unlawful possession of a controlled substance for sale? (California, United States of America)
What is the test for a finding of unlawful possession of a controlled substance for sale? (California, United States of America)
What is the test for unlawful possession of a controlled substance for sale? (California, United States of America)
What is the test for unlawful possession of a controlled substance for sale? (California, United States of America)
Can a probation report be relied upon to prove that appellant served a separate prison term for a prior conviction for possession of a controlled substance for sale? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.