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PEOPLE v. WALKER

No. B251600.

237 Cal.App.4th 111 (2015)

187 Cal. Rptr. 3d 606

THE PEOPLE, Plaintiff and Respondent, v. LEELEN D. WALKER, Defendant and Appellant.

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

May 27, 2015.

Attorney(s) appearing for the Case

James Koester, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Michael R. Johnsen and Russell A. Lehman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

Defendant Leelen D. Walker was charged with possession of marijuana for sale in violation of Health and Safety Code section 11359, a felony, and convicted by a jury. During the trial, the superior court declined to instruct the jury that it could instead convict defendant of the lesser included offense of simple...

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