People v. Walker
Annotate this CaseDefendant appealed his conviction for felony possession of marijuana for sale. The superior court declined to instruct the jury that it could instead convict defendant of the lesser included offense of simple possession of less than 28.5 grams of marijuana, which is punishable by a $100 fine. Defendant was found with a combined total of 23.14 grams of marijuana. The court held that the trial court prejudicially erred in omitting the instruction because it is reasonably probable that defendant would have obtained a more favorable result if the trial court had not erred. Accordingly, the court reversed the conviction and vacated the sentence.
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