Legal Opinion
People v. Esquibel
California Court of Appeal
Decided February 19, 1992No. B053048PublishedCited by 6 opinions
1Opinion of the Court
Opinion
WOODS (Fred), J.
Appellant contends: (1) the trial court erred in failing to give a lesser included offense instruction; (2) a prior felony conviction enhancement is invalid (Pen. Code, 1 § 667.5, subd. (b)); and (3) a section 12022.1 enhancement is invalid. We find contentions one and two without merit but agree with contention three. Accordingly, we in part affirm and in part reverse the judgment.
Procedural and Factual Background
On September 8, 1989, two Long Beach police officers saw appellant in possession of a .05 gram bindle of tar heroin and arrested him. Sometime thereafter…
2Cases cited10 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- In Re TahlCalifornia Supreme Court · 1969
- People v. CooperCalifornia Supreme Court · 1991
- People v. HernandezCalifornia Supreme Court · 1988
- People v. NajeraCalifornia Supreme Court · 1972
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3Cited by6 opinions
- People v. LopezCalifornia Court of Appeal · 2005
- People v. OrmistonCalifornia Court of Appeal · 2003
- People v. LopezCalifornia Court of Appeal · 2005
- People v. OrmistonCalifornia Court of Appeal · 2003
- Clough v. EvansDistrict Court, E.D. California · 2008
1 more not listed; retrieve them via the Exa API.