California Court of Appeal

Conviction of felonious possession of marijuana for sale in violation of Health and Safety Code section 11359 is reversed where the trial court prejudicially erred in omitting an instruction to the jury that it could instead convict defendant of the lesser included offense of simple possession of less than 28.5 grams (1 ounce) of marijuana, an infraction punishable by a $100 fine, Health & Saf. Code section 11357(b).

Appellate Information

• Decided 05/29/2015
• Published 05/27/2015

Judges

• CHANEY

Court

• California Court of Appeal

Counsel