People v. Tuadles

*1780Opinion

WOODS (Fred), J.

Convicted by jury of possession of marijuana for sale (Health & Saf. Code, § 11359), appellant Jude Jusus Mercado challenges the sufficiency of a search warrant affidavit and appellant Wilfredo Batoon Tuadles claims the trial court should have instructed, sua sponte, on “innocent possession.” We find no error and affirm.

Procedural and Factual Background

In December 1988 a narcotics officer obtained a search warrant for three residences: Tuadles’s apartment, a vacant apartment in the same building beneath Tuadles’s apartment, and appellant Mercado’s residence. Pursuant to…