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PEOPLE v. FRAZIER

No. C044540.

27 Cal.Rptr.3d 336 (2005)

128 Cal.App.4th 807

The PEOPLE, Plaintiff and Respondent, v. Brice Alton FRAZIER, Defendant and Appellant.

Court of Appeals of California, Third District.

April 20, 2005.

Attorney(s) appearing for the Case

Nick & Vizzi, J. David Nick, San Francisco, Ean Vizzi, and E. Michael Linscheid, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Janis Shank McLean, Supervising Deputy Attorney General, and David A. Rhodes, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

ROBIE, J.

Convicted of cultivation of marijuana, possession of marijuana for sale, and several other charges, defendant challenges the jury instruction the trial court gave (CALJIC No. 12.24.1) on the Compassionate Use Act of 1996.1 He argues the portion of that instruction which states, "[t]o establish the defense...

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