P. v. Nguyen
In the middle of the night, police officers discovered defendant Man Minh Nguyen sleeping in his car with the motor running; marijuana was found inside the glove box and trunk of the car. The arresting officers did not see defendant drive the car.
Defendant argues the trial court erred by denying his Penal Code section 1118.1 motion to dismiss the charge of transportation of marijuana, based on the prosecution’s failure to prove the element of transportation. The record does not show sufficient evidence at the close of the prosecution’s case-in-chief to establish transportation; therefore, the motion should have been granted. We reverse the judgment, and direct that a judgment of acquittal be entered.
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