California Court of Appeal

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People v. Le, B224042

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

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