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PEOPLE v. PEREZ

No. G028325.

126 Cal.Rptr.2d 505 (2002)

103 Cal.App.4th 203

The PEOPLE, Plaintiff and Respondent, v. Gerardo PEREZ, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

As Modified on Denial of Rehearing November 21, 2002.

Review Granted January 22, 2003.

Attorney(s) appearing for the Case

Michael Ian Garey, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Garrett Beaumont and David Delgado-Rucci, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOORE, J.

A jury convicted defendant Gerardo Perez of possession of products containing hydriodic acid with intent to manufacture methamphetamine (Health & Saf.Code, § 11383, subd. (c)(2); count one) and possession of 28.5 grams or less of marijuana (Health & Saf.Code, § 11357, subd. (b); count two). The court imposed a two-year prison sentence.

Defendant contends the prosecution improperly relied on the theory he aided...

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