PEOPLE v. MARTIN

No. S087880.

108 Cal.Rptr.2d 599 (2001)

25 Cal.4th 1180

25 P.3d 1081

The PEOPLE, Plaintiff and Respondent, v. Robert Louis MARTIN, Defendant and Appellant.

Supreme Court of California.

July 2, 2001.


Attorney(s) appearing for the Case

Sharon M. Jones, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Kyle Niki Shaffer and Susan E. Miller, Deputy Attorneys General, for Plaintiff and Respondent.


BAXTER, J.

In People v. Mijares (1971) 6 Cal.3d 415, 99 Cal.Rptr. 139, 491 P.2d 1115 (Mijares), this court held that, under limited circumstances, momentary or transitory possession of an unlawful narcotic for the sole purpose of disposing of it can constitute a defense to a charge of criminal possession of the controlled substance. (Id...

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