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PEOPLE v. PEREZ

No. S111985.

29 Cal.Rptr.3d 423 (2005)

35 Cal.4th 1219

113 P.3d 100

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

Supreme Court of California.

June 20, 2005.

Attorney(s) appearing for the Case

Michael Ian Garey, Santa Ana, for Defendant and Appellant.

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

WERDEGAR, J.

A defendant is arrested in possession of methamphetamine precursors he planned to sell. May the defendant be convicted of aiding and abetting the prospective buyer's possession of precursors with the intent to manufacture methamphetamine? We conclude he may not. In the alternative, may the defendant be convicted directly of possessing precursors with the intent to manufacture methamphetamine? (Health & Saf.Code, former § 11383, subd. (c)(2)....

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