People v. Vergason CA3

DISCUSSION

Defendant contends his felony conviction for transportation of hydrocodone in the 2013 case must be reversed because the Legislature subsequently amended the controlling statute (Health & Saf. Code, § 11352, subd. (a)) to make intent to sell an element of the offense, and that element was not charged or admitted in his case. (See In re Estrada (1965) 63 Cal.2d 740, 745.) The People agree, as do we. We reverse defendant’s conviction on that count (count 3) and remand the matter for resentencing.

DISPOSITION

Defendant’s conviction for transportation of hydrocodone is reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion.

3

ROBIE , J.

We concur:

BLEASE , Acting P. J.

BUTZ , J.

4