LaCross
People v. LaCross
Opinion
Lead Opinion
Callahan, J.
Healthand Safety Code section 11379, subdivision (a), 1 provides: “[E]very person who transports . . . any controlled substance . . . shall be punished by imprisonment in the state prison . ...” A jury convicted defendant Matthew Paul LaCross of two counts of violating this statute. Defendant contends he did not “transport” methamphetamine because he used his bicycle to carry it. Section 11379 was designed to prohibit the trafficking of illegal drugs and to prevent their ready availability. The plain language of this statute prohibits the movement of drugs from one place to another even on a bicycle. We will affirm.
Factual and Procedural Background
A. March 3, 2000
At 4:00 a.m. on March 3, 2000, Coming Police Officer Randall Bassett saw defendant riding his bicycle without a light. Defendant went into a *184 convenience store. Officer Bassett watched defendant from his patrol car in a nearby alley. Defendant left the convenience store and rode his bicycle down the alley past the officer and his car. Bassett asked defendant to stop. Defendant looked directly at the officer, sped up, and rode away from him.