P. v. Sibley
Defendant was charged with possession of cocaine base, and possession of 28.5 grams or less of marijuana. The jury returned verdicts of guilty on both counts. The defendant admitted his 1992 residential burglary conviction within the meaning of the three strikes law. Probation was denied and defendant was sentenced to a total term of four years in state prison: the midterm of two years for the base term as to count 1, doubled. As to count 2, the court imposed a $100 fine and suspended payment of the fine. Appellant appeals from the judgment on the grounds that the trial court failed to instruct the jury on the defendant’s presumption of innocence and the burden of proof (CALJIC No. 2.90).
Court reversed.
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