People v. Newman

Opinion

BURKE, J.

Following trial by jury, defendant was convicted of possessing a restricted dangerous drug for the purpose of sale, as proscribed by Health and Safety Code section 11911. On appeal, defendant urges reversal on the grounds that there was no substantial evidence to support the verdict, that an instruction on specific intent should have been given, and that he was denied effective assistance of counsel. We have concluded that defendant’s conviction must be reversed for failure to instruct the jury with regard to the intent necessary to constitute a violation of section 11911.

In…