P. v. Hernandez CA6
A jury convicted defendant Jose Sanchez Hernandez of felony cultivation of marijuana (Health & Saf. Code, § 11358, count 1) and misdemeanor possession of marijuana for sale (§ 11359, count 2). The jury also found that Hernandez was armed with a firearm during the commission of a felony. (Pen. Code, § 12022, subd. (a)(1).) Hernandez argues the trial court erred in failing to instruct the jury on simple possession of marijuana as a lesser included offense of possession of marijuana for sale and in omitting an element of the crime in the instruction for the crime of cultivation of marijuana. Hernandez also claims his trial counsel was ineffective for failing to make the trial court aware that, pursuant to Proposition 64, his conviction for cultivating marijuana was a misdemeanor.
Comments on P. v. Hernandez CA6