People v. Taylor CA1/4

I.

INTRODUCTION

This case arises in part from a routine traffic stop in which drugs were found in appellant’s possession, resulting in her conviction of, among other things, transportation of a controlled substance (methamphetamine). (Health & Saf. Code, § 11379.) A subsequent amendment to section 113791 now requires that transportation of a controlled substance must be for purposes of sale to fall within the statute’s proscription. (Stats. 2013, ch. 504, § 2, p. 4288.) The Attorney General concedes the amended statute must be applied retroactively. We shall therefore reverse the conviction on the transportation count and remand for retrial. We find it unnecessary to reach appellant’s other issues, but we note the remaining convictions would leave appellant eligible for drug treatment under Proposition 36 (Prop 36).

1 Undesignated statutory references are to the Health and Safety Code.

II.

STATEMENT OF FACTS

On March 31, 2011, at about 7:15 p.m., Crescent City Police Officer Justin Gill initiated a routine traffic stop of a pickup truck for a defective tail light. Appellant’s boyfriend, Damian VanParks, was driving the truck, and appellant Michelle Lynn Taylor was a…