People v. Cole
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
STONE (S. J.), P. J.
Richard Andrew Cole appeals from a judgment of conviction for unlawful possession of cocaine (Health & Saf. Code, § 11350). We find merit in his assertion that a special defense instruction could have misled the jury concerning a material factor in his defense and that the trial court had a duty to correct it. Consequently, because of prejudicial error in jury instructions, we reverse and remand the case for retrial.
Facts
July 3, 1985, Officer Floriano, Detective Loniero, Sergeant James, and other officers searched appellant’s house and garage pursuant to a search…
2Cases cited19 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- People v. WickershamCalifornia Supreme Court · 1982
- People v. GrahamCalifornia Supreme Court · 1969
- People v. HallCalifornia Supreme Court · 1980
- People v. StewartCalifornia Supreme Court · 1976
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3Cited by13 opinions
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