Possession for Sale—Motion to Dismiss Granted
Claudia L. was charged with possession of a controlled substance for sale. She was in a car with other occupants. When the car was stopped and searched, drugs, money, scales, and other paraphernalia were found in different areas in the car. Mr. Wright effectively cross examined the prosecution’s witness at the preliminary hearing. The hearing judge found there was sufficient evidence to move forward (hold the client to answer). Mr. Wright filed Penal Code section 995 motion to dismiss in the trial court arguing that the case should be dismissed because the prosecution failed to prove possession and the preliminary hearing judge got it wrong. The motion was granted, and the case was dismissed.