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PEOPLE v. FRANCO

No. B211850.

180 Cal.App.4th 713 (2009)

THE PEOPLE, Plaintiff and Respondent, v. DAVID GARCIA FRANCO, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Jonathan B. Steiner and Ronnie Duberstein, under appointments by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.—

INTRODUCTION

Defendant and appellant David Garcia Franco (defendant) was arrested after an inspection of his apartment revealed a large quantity of drugs and drug paraphernalia. Defendant admitted to using the drugs, but denied that he sold or intended to sell them. A jury convicted defendant of maintaining a place for selling, giving away or using a controlled substance (Health & Saf. Code, § 11366...

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