P. v. Mitchell
Defendant Frederick Lee Mitchell appeals from his conviction of two counts of possession of cocaine for sale (Health & Saf. Code,[1] 11351, counts 1 and 3) and one count of sale/transportation of cocaine ( 11352, subd. (a), count 4). Defendant contends the trial court erred in failing to instruct the jury on the lesser included offense of simple possession of cocaine ( 11350) as to count 1. He further contends that although he was convicted of possession for sale and sale of cocaine, the evidence showed he instead possessed cocaine base, and his convictions must therefore be reversed. Court conclude that the trial court erred in failing to instruct the jury on the lesser included offense as to count 1, and we therefore reverse as to that count. Court find no other errors, and in all other respects, Court affirm the judgment.
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