California Court of Appeal

Convictions of defendant for transporting more than 28.5 grams of marijuana and related crimes are affirmed where: 1) the court properly instructed the jury as knowledge of the weight of the marijuana is not an element of the offense defined by section 11360; 2) defendant's claim that the court erred in failing to instruct the jury that the crime of possessing more than 28.5 grams of marijuana requires defendant know the marijuana weighed more than 28.5 grams is rejected; 3) defendant's claim that his conviction for possession of marijuana should be vacated because it is a lesser-included offense of transportation of marijuana when the defendant is prosecuted as an aider and abettor is rejected; and 4) there is substantial evidence to support the inference that defendant exercised joint dominion and control over the marijuana in the center console.

Appellate Information

• Decided 08/04/2010
• Published 08/04/2010

Judges

• SIMS

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David L. Annicchiarico, Edmund G. Brown Jr.