California Court of Appeal

In an appeal from the conviction of defendant on one count of transportation for sale and one count of possession for sale of a controlled substance with a gang enhancement, Penal Code section186.22(b)(1)(A). conviction and sentencing are upheld because the prosecution failed to prove that MDMA is a controlled substance and where the prohibition against double jeopardy precludes retrial on remand.

Appellate Information

• Decided 08/29/2011
• Published 08/29/2011

Judges

• BOREN

Court

• California Court of Appeal

Counsel