Introducing ATLASLearn more
Legal Opinion

People v. Peregrina-Larios

California Court of Appeal

Decided February 28, 1994No. G012219PublishedCited by 12 opinions

1Opinion of the Court

Opinion

of $40 worth of cocaine to an undercover police officer. He had additional cocaine on his person. Convicted of one count of selling cocaine, he now contends the trial court erred in failing to instruct sua sponte on simple possession as a lesser included offense. He also challenges the constitutionality of CALJIC No. 2.90, the standard reasonable doubt instruction. We affirm.

I

Relying on dicta in People v. Mitchell (1975) 53 Cal.App.3d 21, 24 [125 Cal.Rptr. 543] (“ ‘Possession’ offenses are normally included offenses within the offense of sale of amphetamines”), Peregrina-Larios first…

2Cases cited11 opinions

  1. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  2. People v. JenningsCalifornia Supreme Court · 1991
  3. People v. GeigerCalifornia Supreme Court · 1984
  4. People v. BacigalupoCalifornia Supreme Court · 1991
  5. People v. WebbCalifornia Supreme Court · 1993

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. MurphyCalifornia Court of Appeal · 2007
  2. People v. MurphyCalifornia Court of Appeal · 2005
  3. State v. CheramieCourt of Appeals of Arizona · 2007
  4. Jose Ruiz-Vidal v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
  5. Jose Ruiz-Vidal v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API