P. v. Edwards CA6
A jury found defendant Michael Edwards guilty of possession of methamphetamine for sale (Health & Saf. Code, § 11378; count 1), possession of heroin for sale (§ 11351; count 2), and misdemeanor possession of drug paraphernalia (§ 11364, subd. (a); count 3). The trial court sentenced defendant to four years in county jail, imposing the upper term on count 2.
On appeal, defendant initially contended that the trial court erred when it failed to instruct the jury on the lesser included offenses to counts 1 and 2, namely, simple possession of methamphetamine (§ 11377, subd. (a)) and simple possession of heroin (§ 11350, subd. (a)). The Attorney General contended that the trial court did not err because there was no evidence to warrant the instruction.
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