PEOPLE v. COLE

Docket No. B025404.

202 Cal.App.3d 1439 (1988)

249 Cal. Rptr. 601

THE PEOPLE, Plaintiff and Respondent, v. RICHARD ANDREW COLE, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

July 25, 1988.


Attorney(s) appearing for the Case

COUNSEL

Dennis A. Fischer and John M. Bishop for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Carol Wendelin Pollack, Sharon R. Wooden and Mark Alan Hart, Deputy Attorneys General, for Plaintiff and Respondent.


[Opinion certified for partial publication.*]

OPINION

STONE (S.J.), P.J.

Richard Andrew Cole appeals from a judgment of conviction for unlawful possession of cocaine (Health & Saf. Code, § 11350).1 We find merit in his assertion that a special defense instruction could have misled the jury concerning a material factor in his defense and that the trial court...

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