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PEOPLE v. BROWN

No. F033118.

98 Cal.Rptr.2d 519 (2000)

82 Cal.App.4th 736

The PEOPLE, Plaintiff and Respondent, v. Bobby BROWN, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As Modified August 1, 2000.

Rehearing Denied August 21, 2000.

Review Denied November 21, 2000.

Attorney(s) appearing for the Case

Tami J. Buscho, Sacramento, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Louis M. Vasquez, Lloyd G. Carter and Kathleen A. McGurty, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BUCKLEY, J.

Defendant, Bobby Brown, appeals from his conviction of Penal Code section 4502, possession of a weapon by a prisoner. He contends he was entitled to a jury instruction regarding temporary possession for purposes of disposal. (CALJIC No. 12.06.) We disagree and will affirm.

FACTS

Defendant was a prisoner in state prison, housed at the California Substance Abuse Treatment Facility, Corcoran. One day, the lieutenant received...

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