P. v. Coats CA3
Defendant now contends his transportation conviction must be reversed because he is entitled to retroactive application of the amendment to Health and Safety Code section 11352, which requires that a controlled substance be transported for sale. The People agree and urge remand for further proceedings. Defendant also claims the sentence enhancements attached to his transportation conviction must be vacated.
We agree defendant is entitled to retroactive application of the amendment to section 11352. We will reverse his transportation conviction and the related sentencing enhancements and remand the matter to the trial court for further proceedings.
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