P. v. Chavez
Hugo Angel Chavez appeals from the judgment entered following a jury trial that resulted in his conviction of transportation of methamphetamine (Health & Saf. Code, 11379, subd. (a)) and the attempted destruction of evidence. (Pen. Code, 135.) The trial court suspended the imposition of sentence and placed appellant on probation. One of the conditions of probation was that he serve 240 days in county jail.
Appellant contends that the trial court erroneously failed to instruct the jury sua sponte that he could not be convicted of transporting methamphetamine if he had momentarily possessed it for the purpose of throwing it away. Appellant also contends that the trial court erroneously failed to give sua sponte a unanimity instruction requiring the jury to agree on one act as the basis for the transporting offense. Court affirm.
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