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PEOPLE v. DAVIS

No. B229615.

200 Cal.App.4th 205 (2011)

132 Cal. Rptr. 3d 706

THE PEOPLE, Plaintiff and Respondent, v. ZACHARY EDWARD DAVIS, Defendant and Appellant.

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

October 26, 2011.

Attorney(s) appearing for the Case

John Raphling , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Scott A. Taryle and Stacy S. Schwartz , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

EPSTEIN, P. J. —

Appellant Zachary Edward Davis appeals his conviction for sale of a controlled substance and possession of a controlled substance. He argues there is insufficient evidence to support the jury's guilty verdict, and that the instructions provided to the jurors removed an element of the offense from their determination. We conclude there is sufficient evidence to support the conviction. We also conclude that, to...

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