P. v. Decker CA5
Defendant Lonnie Ray Decker was convicted of transportation of a controlled substance for sale (Health & Saf. Code, § 11352, subd. (a)). On appeal, he contends the trial court prejudicially erred in instructing the jury that the crime was a general intent crime. The People concede and we agree. Accordingly, we reverse.
On July 15, 2016, a jury found defendant guilty of transportation of a controlled substance for sale (§ 11352, subd. (a)) and not guilty of possession of a controlled substance for sale (§ 11351). Defendant admitted having suffered prior convictions. The trial court sentenced him to a total of 10 years in prison: the midterm of four years, doubled pursuant to the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), plus two one-year prior prison term enhancements (Pen. Code, § 667.5, subd. (b)).
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