Conviction Reversed For Intent to Manufacture Meth When Defendant Had Only One Ingredient to Do So
Pacoima police received information that a shoe store there was selling narcotics. The police then put the store under surveillance. On February 2, 2009, police saw Carlos Garcia go into the store and leave with a large white box. Police then stopped Garcia and searched his backpack, which he was also carrying.
The backpack contained red phosphorous. The box did not contain shoes. It had a glass flask with red phosphorous residue at the bottom. Red phosphorous, when combined with iodine, is used in the manufacture of methamphetamine.
Police then searched the shoe store and found 21.78 grams of cocaine, as well as 33.61 grams of methamphetamine packaged in small baggies. The store also had a scale of the type commonly used for narcotics sales, empty baggies, a pay-owe sheet and currency.
Police later searched Garcia’s home and found red phosphorous, 1.5 grams of methamphetamine, $2,353 in cash, 43 clear plastic baggies containing 16.11 grams of methamphetamine, a digital scale and a “meth pipe.” Police also found white Tylenol pills, which they mistakenly believed were pseudoephedrine tablets, which are used in the manufactured meth.
Police did not find any iodine in the home. They also did not find a cooking vessel or hydrogen chloride gas, which is also necessary to manufacture meth.
Defendant was convicted of possession of methamphetamine as well as possession of an essential chemical to manufacture methamphetamine (Health and Safety Code
