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PEOPLE v. ARCHER

No. D052978.

179 Cal.App.4th 298 (2009)

THE PEOPLE, Plaintiff and Respondent, v. NATHANIEL ARCHER, Defendant and Appellant.

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

November 17, 2009.

Attorney(s) appearing for the Case

Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Meredith A. Strong, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BENKE, J. —

A jury found appellant Nathaniel Archer guilty of cultivation of marijuana in violation of Health and Safety1 Code section 11358, a felony (count 1), and of simple possession of marijuana in violation of section 11357, subdivision (a) (as a lesser included offense of count 2).2 Archer waived a jury trial...

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