What is the test for a charge of possession of marijuana for sale?

California, United States of America

The following excerpt is from People v. Yslas, E069372 (Cal. App. 2018):

Defendant asserts the statute that was applicable to the situation here is section 11359, subdivision (c)(3), which essentially provides that if a defendant's offense "occurred in connection with the knowing sale or attempted sale" of marijuana to a person under the age of 18 years old, his offense may be punished as a felony. Defendant argues that the court erred in denying his petition because, while he possessed marijuana, there was insufficient evidence that he sold or attempted to sell the marijuana he possessed to a minor. He points out that he did not admit to doing so, he was not caught by school officials in the act of selling the brownies, and there were no witness statements that he did so. However, defendant pled guilty to possession of marijuana for sale. "[A] guilty plea constitutes an admission of every element of the offense charged and constitutes a conclusive admission of guilt." (People v. Turner (1985) 171 Cal.App.3d 116, 125.) The elements of the offense here are that the defendant possessed the marijuana with the intent of selling it, and the defendant knew of its presence and illegal character. (People v. Harris (2000) 83 Cal.App.4th 371, 374.) There is no requirement to show that the defendant actually sold the marijuana. Since defendant pled guilty to count 1, he admitted that he possessed the marijuana brownies that day with the intent to sell them. Thus, the only question for the court to decide was whether he

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