During the traffic stop, the front passenger, Karoline Kuikahi, was found to be concealing approximately one ounce of methamphetamine in her boot. The methamphetamine was determined to be transported for the purpose of sales.
Kuikahi was arrested at the location and booked into custody at the Big Bear Jail for felony transportation of a controlled substance. Kuikahi is held on $40,000 bail, pending arraignment on December 2, 2024.
Kuikahi has prior arrests for the following:
Mar 20, 2024 and July 16, 2022
Arrested For: California Health and Safety Code 11364(A) Possession of drug paraphernalia
Arrested For: California Health and Safety Code 11364(A) Possession of drug paraphernalia
Mar 1, 2022
Arrested For: California Health and Safety Code 11378 - Possession of a Controlled Substance For Sale
People v. Cuevas (App. 1971) 93 Cal.Rptr. 916, 16 Cal.App.3d 245.
Possession of restricted dangerous drug for sale and transporting restricted dangerous drug are independent crimes and a person may be legally convicted of both, even though the possession in each charge arises out of the same act. People v. Eagle (App. 3 Dist. 2016) 200 Cal.Rptr. 3d 773, 246 Cal.App. 4th 275
Simple possession of methamphetamine was not a lesser included offense of felony transporting methamphetamine, and thus court could not reduce defendant's conviction to simple possession after determining that felony conviction was contrary to law due to statutory amendment to definition of “transport”; complaint did not allege any case-specific facts, and possession was not a lesser included offense under the statutory elements test.
Health and Safety Code 11379
(a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years.
(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
(c) For purposes of this section, “transports” means to transport for sale.
(d) Nothing in this section is intended to preclude or limit prosecution under an aiding and abetting theory, accessory theory, or a conspiracy theory.
(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
(c) For purposes of this section, “transports” means to transport for sale.
(d) Nothing in this section is intended to preclude or limit prosecution under an aiding and abetting theory, accessory theory, or a conspiracy theory.
Comments
Post a Comment