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PEOPLE v. SANDERCOCK

No. B238858.

220 Cal.App.4th 733 (2013)

163 Cal. Rptr. 3d 379

THE PEOPLE, Plaintiff and Appellant, v. THOMAS ANTHONY SANDERCOCK, JR., et al., Defendants and Respondents.

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

October 16, 2013.

Attorney(s) appearing for the Case

Gerald T. Shea , District Attorney, Jesse Marino and Craig Van Rooyen , Deputy District Attorneys, for Plaintiff and Appellant.

Laura S. Kelly , under appointment by the Court of Appeal, for Defendants and Respondents Thomas Anthony Sandercock, Jr., Christopher Austin and Amy Austin.

Law Offices of James B. Devine and James B. Devine for Defendants and Respondents Valarie Hosking, David Hosking and Steven Gordon.

OPINION

GILBERT, P. J. —

Defendants Thomas Anthony Sandercock, Jr., Christopher Austin and Amy Austin were charged with selling marijuana and possession of marijuana for sale. (Health & Saf. Code, §§ 11359, 11360.)1 In a pretrial motion, the trial court approved a defense instruction that would allow the retail sale of marijuana. The People declared they could not proceed under the instruction...

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