People v. Bond CA1/2

DISCUSSION

The first paragraph of subdivision (a) of section 11590 requires persons convicted of specified violations of the Health and Safety Code to “register with the chief of police of the city in which he or she resides or the sheriff of the county in which he or she resides in an unincorporated area.” The second paragraph provides that “For persons convicted of an offense defined in Section 11379 or 11379.5, this subdivision shall not apply if the conviction was for transporting, offering to transport, or attempting to transport a controlled substance.” The odd factor in this case is that, as the parties agree and the record demonstrates, appellant was convicted of “transportation, offering to transport, or attempting to transport a controlled substance” in violation of section 11379, subdivision (a), which statute defines “transport” as “transport for sale” (id. subd. (c), italics added), though the charge of possession of a controlled substance for sale, in violation of section 11378, was dismissed as part of the plea bargain. Moreover, as earlier noted, in response to the trial court’s request for a representation as to the factual basis for appellant’s plea, the…