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Name: People v. Le
Case #: B224042
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 08/29/2011
Subsequent History: Rev. granted 12/21/11 (S197493)

The evidence must support a finding that a substance is one of those prohibited by Health and Safety Code sections 11378 and 11379. During the evidentiary portion of this trial for possession and transportation of a controlled substance, appellant and the prosecution stipulated that two of the pills in appellant’s backpack were tested and found to contain 3, 4-methylenedioxymethamphetamine, also known as “MDMA.” Prior to argument, appellant brought a motion to dismiss, pointing out that MDMA is not included in the relevant statutes. The trial court denied the motion to dismiss, noting, “just based upon what appears to be the fact that it is an amphetamine . . ..,” the substance falls within Health and Safety Code section 11054 subd.(d) which includes amphetamine. The appellate court reversed. The prosecution provided no evidence that MDMA was listed as a controlled substance in the relevant statutes or that it was a controlled substance analog, a substance that is treated the same as the listed controlled substance. Nor did the prosecution present any evidence as to the effects of MDMA. Without such evidence there was insufficient proof to convict and the verdicts must be reversed. Because of the prohibition against double jeopardy, re-trial is precluded.