People v. Hill

KLINE, P. J., Dissenting.

The trial court’s refusal to instruct on misdemeanor distribution of an imitation controlled substance (Health & Saf. Code, § 11680)1 is, in my view, reversible error.

I

The majority concludes that instructions on misdemeanor distribution of an imitation controlled substance (§ 11680) were not required even though this lesser related offense is “closely related” to the charged offense (§ 11355) within the meaning of People v. Geiger (1984) 35 Cal.3d 510, 531 [199 Cal.Rptr. 45, 674 P.2d 1303, 50 A.L.R.4th 1055]. This is so, the majority reasons, because “the misdemeanor…