Verduzco

Defendant Ruben Verduzco was convicted of one count of possession for sale of a controlled substance (methamphetamine) in violation *1410 of Health and Safety Code section 11378 (count 4), and one count of possession of an essential chemical sufficient to manufacture hydriodic acid or a reducing agent with intent to manufacture methamphetamine in violation of Health and Safety Code section 11383.5, subdivision (e) (count 5). 1 He contends (1) insufficient evidence supports his conviction for possession of an essential chemical “sufficient to manufacture hydriodic acid or a reducing agent with intent to manufacture methamphetamine,” because he only possessed one of the chemicals necessary to make a reducing agent; (2) the court erred in instructing the jury by failing to define the meaning of a “reducing agent”; and (3) the court erred in imposing attorney fees without notice and a hearing pursuant to Penal Code section 987.8. We conclude that the statutory language requires possession of all constituents of a reducing agent, and reverse defendant’s conviction on count 5.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

1. The Shoestore and Search of Defendant’s House

Police…