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Name: People v. Duarte
Case #: C049554
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/23/2007

A conviction for violation of Health and Safety Code section 11353 prohibiting the use of a minor to unlawfully transport cocaine can be based on a conspiracy to use the minor to divert suspicion as well as using the minor himself to transport the contraband. Determining that the Legislature’s intent in implementing the statute was to protect minors, the court found that Duarte fell within the statute’s proscription by taking his minor son with him to divert suspicion and avoid detection by law enforcement when he transported cocaine.