Luna

I. INTRODUCTION

Appellant Manuel Christopher Luna was convicted by jury of attempting to manufacture a controlled substance (Health & Saf. Code, § 11379.6, subd. (a); Pen. Code, § 664). Appellant claims his conviction must be reversed because “there is no evidence whatsoever that appellant ever advanced beyond mere planning or preparation.” We agree with appellant that there was insufficient evidence to support his conviction. Consequently, we reverse.

II. FACTS AND PROCEDURAL HISTORY

Around midnight on March 6, 2005, Mendocino County Deputy Sheriff Jason Lucas stopped appellant, who was driving a pickup truck with a camper shell, for a traffic violation. When appellant stepped out of his pickup truck, he appeared to be under the influence of alcohol, although he passed a field sobriety test.

During a consensual search of the pickup truck, Lucas found equipment used to manufacture hashish. These items included PVC (polyvinyl chloride) pipe, PVC glue, couplings, fittings, adapters, Teflon tape, Pyrex bowls, a butane burner, rubbing alcohol, activated carbon filters, and a metal spigot with an open/close valve. Lucas also found 299 bottles of butane, and a sales receipt…