P. v. Winston CA2/4
Defendant Damen Winston was convicted of transporting marijuana and possessing it for sale. He contends the possession for sale conviction must be reversed because, in instructing the jury on this charge, the court did not instruct on his affirmative defense that he possessed the marijuana legally under the Compassionate Use Act of 1996 (CUA) and Medical Marijuana Program Act (MMPA). He argues that the transportation conviction also must be reversed, because the jury instructions omitted the “for sale” element retroactively added to the crime subsequent to his trial. Defendant further contends that the trial court improperly denied portions of his Pitchess motion, and withheld discoverable materials from him. He requests that we independently review the confidential records and trial court’s ruling on his Pitchess motion and correct a clerical error in the minute order documenting his sentence. The Attorney General does not oppose these requests, which we grant.
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