P. v. Jones
Kenneth Williams Jones was convicted by a jury of transportation of marijuana (Health & Saf. Code, 11360, subd. (a); count 1). The jury made a true finding the transportation was not for personal use (Pen. Code, 1210, subd. (a)), and Jones admitted he had a prison prior conviction (Pen. Code, 667.5, subd. (b), 668). He was sentenced to a middle term of three years for count 1 and a consecutive one-year term for the prior conviction for a total term of four years.
Jones contends his conviction must be reversed because the court failed to instruct sua sponte on the not-for-personal use allegation, the instructions deprived him of his right to present a defense, the prosecutor committed misconduct by raising his poverty as a motive for the drug sales, and the court should have granted a new trial based on the prosecutorial misconduct. Court affirm the judgment.
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