P. v. Duenas CA3
The underlying facts of the case are irrelevant to the issue on appeal and we do not recite them.
In February 2020, the People charged defendant with felony theft of utility services (Pen Code, § 498—count 1), felony vandalism (Pen. Code, § 594, subd. (b)(1)—count 2), cultivation of more than six cannabis plants (Health & Saf. Code, § 11358, subd. (c)—count 3), and possession of cannabis for sale (Health & Saf. Code, § 11359, subd. (b)—count 4). Defendant pleaded not guilty to the charges.
Prior to the close of evidence, the court proposed instructing the jury with CALCRIM No. 2375, the instruction for possession of more than 28.5 grams of cannabis, as a lesser included offense on counts 3 and 4. The court asked if there were any objections and defense counsel responded: “That’s fine. And then just so the record’s clear, I’m personally not requesting the lesser.
“THE COURT: Yeah. I have to give it as a matter of law. But we’ll note your objection.” The court in
Comments on P. v. Duenas CA3