P. v. Bowie CA2/8
Jurors found defendants Allen Bowie and Dominique Chambers guilty of using a fortified house to suppress law enforcement entry in order to sell cocaine base. Jurors acquitted defendants of the sale of a controlled substance and found a gang enhancement not true. We conclude the judgments of conviction must be reversed because the jury instruction on the use of a fortified house misidentified two of the three elements of the offense. The partial acquittal demonstrated that jurors did not credit all of the prosecution’s evidence. The error was not harmless beyond a reasonable doubt. We reject Chambers’s challenge to the sufficiency of the evidence.
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