People v. Eagle CA3
246 Cal. App. 4th 275
| Cal. Ct. App. | 2016Background
- In Aug. 2013 police found Kevin James Eagle transporting a usable amount of methamphetamine; he initially fled and was detained.
- A complaint charged him with transporting methamphetamine (Health & Safety Code §11379(a)), possession (§11377(a)), and resisting arrest (Pen. Code §148(a)(1)); he pleaded no contest to transporting and resisting and was placed on probation in Sept. 2013.
- Effective Jan. 1, 2014 the Legislature amended §11379 to define “transports” as transporting for sale only (adding an element of intent to sell).
- Defendant moved (Mar. 2015) to vacate the felony transportation conviction under the amended §11379 and to have it reduced to misdemeanor possession under §11377; the People conceded retroactive benefit but disputed the appropriate remedy.
- The trial court denied relief; on appeal the Court of Appeal agreed the amendment applied retroactively but reversed the transportation conviction and remanded for further proceedings rather than simply reducing the conviction to possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant is entitled to benefit from the §11379 amendment (change limits “transport” to sale) | People conceded amendment applies retroactively because judgment was not final | Eagle argued amendment applies and his conviction should be reduced | Court: Amendment applies retroactively; defendant entitled to its benefits |
| Whether conviction for transportation can be reduced to lesser included offense of possession and what remedy is appropriate | People argued matter should be remanded so prosecution can prove intent to sell or allow defendant to withdraw plea | Eagle argued transportation conviction should be reduced to misdemeanor possession as lesser included offense | Court: Possession is not a lesser included offense under elements test; even if it were, prosecution must be given opportunity to prove intent to sell on remand. Conviction reversed and case remanded for further proceedings |
Key Cases Cited
- People v. Rogers, 5 Cal.3d 129 (court treated transportation to include personal-use transport)
- People v. Eastman, 13 Cal.App.4th 668 (same)
- In re Estrada, 63 Cal.2d 740 (amendments mitigating punishment operate retroactively when judgment not final)
- People v. Shockley, 58 Cal.4th 400 (lesser included offense tests: statutory elements and accusatory pleading)
- People v. Ramirez, 45 Cal.4th 980 (discussion of lesser included offense tests)
- People v. Birks, 19 Cal.4th 108 (lesser included offense framework)
- People v. Enriquez, 65 Cal.2d 746 (court can reduce conviction to lesser included offense when appropriate)
- People v. Navarro, 40 Cal.4th 668 (affirming reduction principles)
- People v. Watterson, 234 Cal.App.3d 942 (possession is not lesser included offense of transportation)
- People v. Figueroa, 20 Cal.App.4th 65 (when amendment adds element, prosecution must be allowed to prove it on remand)