People v. Martin

Opinion

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. at p. 419.) Nearly two decades later, the court in People v. Cole (1988) 202 Cal.App.3d 1439 [249 Cal.Rptr. 601] (Cole) read our decision in Mijares as holding that “possession of illegal drugs solely for the purpose of disposal does not constitute…