People v. Zuniga

TURSI, Judge.

Phillip Zuniga, convicted of possession of a dangerous drug with intent to dispense, § 12-22-404, C.R.S.1978 (1978 Repl. Vol. 5), appeals. We reverse.

On August 3, 1978, police executed a search warrant at defendant's residence and seized approximately 844 young mariJuana plants. No other drug paraphernalia was discovered.

At trial, defendant tendered a jury instruction which defined the term "dispense" in statutory language, § 12-22 408, C.R.S.1978, and which was consistent with Colo. J.I. (Crim.) 5 (805). The People objected to defendant's instruction and, relying on People v.…