People v. Mays CA2/5

INTRODUCTION

Defendant and appellant Clide Mays (defendant) was convicted of transportation of a controlled substance (Health & Saf. Code, § 11352, subd. (a)1), and possession for sale of a controlled substance (§ 11351). On appeal, defendant requests that we conduct an independent review of the in camera hearing on his motion made pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess) to determine whether it discloses error by the trial court, and contends that the trial court erred in instructing the jury on aiding and abetting, and his conviction transportation of a controlled substance must be reversed because section 11352 was amended during the pendency of his appeal to require that the transportation of the controlled substance be for its sale. We affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence On August 13, 2010, Postal Inspector Peter Holt was working in a back office at the Los Angeles International Airport Post Office. Inspector Holt was with, inter alia, Los Angeles County Sheriff’s Department Detective Tom Logrecco and Sergeant Keith Lieberman, who were assigned to the Parcel and Cargo Narcotics Enforcement…