People v. Cruz CA4/2

FACTS AND PROCEDURE

On May 4, 2013, defendant ran a stop sign and then fled on his motorcycle from

the officer who attempted to conduct a traffic stop. Defendant hit speeds up to 70 miles

per hour before crashing into a guardrail. The doctor who examined defendant at the

hospital pulled out of defendant’s rectum a plastic bag the size of a golf ball. Lab tests

determined the bag contained 2.89 grams of methamphetamine.

On October 21, 2013, the People filed a second amended information charging

defendant in count 1with evading an officer with willful disregard for the safety of others

and in count 2 with transporting a controlled substance, methamphetamine. The People

also alleged defendant had a prior strike conviction (Pen. Code, § 1170, subds. (a)–(d)).

On October 3, 2013, Governor Brown signed Assembly Bill No. 721 (AB 721).

Effective January 1, 2014, AB 721 (2013-2014 Reg. Sess.) amended subdivisions (a) and

1 All section references are to the Health and Safety Code unless otherwise indicated.

2 (c) of section 11379 to add the requirement that the transportation be “for sale.” “(a)

[E]very person who transports . . . any controlled substance . . . shall be…