P. v. Warford CA1/3
Defendant Leonard Lee Warford was charged with criminal offenses in three separate cases filed between 2011 and 2013. He was sentenced to an aggregate term of 10 years 8 months in all three cases in 2014.
On appeal, he contends that his conviction for transporting a controlled substance (Health & Saf. Code, § 11352, subd. (a)) must be reversed because the statute under which he was convicted was amended before he was sentenced to provide that a defendant must transport the controlled substances for purposes of sale. He claims the stipulated factual basis for his plea did not include any facts indicating he had an intent to sell the drug he was transporting. He also argues that his conviction for possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) must be reversed because he was tried by the court without expressly waiving his right to a jury trial. Finally, he urges that he cannot be convicted of, or punished for, both battery and assault by means of
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