P. v. Guire CA5
Defendant Steven Lee Guire was charged with possession of marijuana for sale (Health & Saf. Code, § 11359 [count 1]); cultivation of marijuana (§ 11358 [count 2]); possession of concentrated cannabis (§ 11357, subd. (a) [count 3]); and unlawful sale or transportation of marijuana (§ 11360, subd. (a) [count 4]). At trial, he raised a medical marijuana defense. The jury found defendant guilty on counts 1 and 3, found him not guilty on count 4, and could not reach a verdict on count 2. The trial court imposed and then suspended execution of a three-year prison sentence. Defendant was placed on probation on the condition he serve 365 days in county jail.
On appeal, defendant contends (1) the trial court improperly admitted and improperly excluded certain evidence; (2) the court did not provide appropriate jury instructions; and (3) the cumulative effect of the abovementioned errors was highly prejudicial. For the reasons set forth below, we find no prejudicial error and affirm
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