People v. Mass

Defendant was convicted, on an aider and abettor theory, of (1) delivery of 225 grams or more, but less than 650 grams, of a mixture containing cocaine1 and with (2) conspiracy to commit that offense.2

We granted leave to determine

*618whether knowledge of the amount of the controlled substance was a necessary element of the delivery and conspiracy charges, and, if so, whether the prosecution’s evidence was insufficient to prove this element and whether the omission of it from the jury instructions deprived defendant of a fair trial.3

As explained below, we conclude that the amount of a controlled…