Legal Opinion

People v. Baldine

California Court of Appeal

Decided December 20, 2001No. C037704PublishedCited by 5 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

MORRISON, J.

A jury convicted defendant Richard John Baldine of transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)) and possession of marijuana for sale (Health & Saf. Code, § 11359). In a bifurcated proceeding, the jury found true an attempted robbery strike allegation (Pen. Code, §§ 664/211, 667, subds. (b)-(i), 1170.12) and two prison term allegations (Pen. Code, § 667.5, subd. (b)). Defendant was sentenced to state prison for eight years.

On appeal, defendant contends: (1) the jury was erroneously instructed with CALJIC No. 17.41.1; (2) his new trial motion based on…

2Cases cited10 opinions

  1. Turner v. LouisianaSupreme Court of the United States · 1965
  2. People v. LuceroCalifornia Supreme Court · 2000
  3. George Lee Hughes v. R.G. BorgCourt of Appeals for the Ninth Circuit · 1990
  4. United States v. Ozzie Lee Avery, Jr.Court of Appeals for the Sixth Circuit · 1983
  5. Gibson v. ClanonCourt of Appeals for the Ninth Circuit · 1980

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3Cited by5 opinions

  1. People v. GuerraCalifornia Supreme Court · 2006
  2. People v. CollinsCalifornia Supreme Court · 2010
  3. People v. PetersonCalifornia Supreme Court · 2020
  4. People v. ThompsonColorado Court of Appeals · 2005
  5. People v. GuerraCalifornia Supreme Court · 2006

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