P. v. Gibbs
A jury convicted Sherrie Gibbs of one count of possession of marijuana for sale (Health & Saf. Code, § 11359) and one count of transportation of more than 28.5 grams of marijuana in violation of Health and Safety Code section 11360, subdivision (a). Gibbs was placed on formal probation subject to certain conditions.
Gibbs appeals, contending that the trial court erred in instructing the jury with CALCRIM No. 361, which addresses the failure of a defendant to explain or deny adverse evidence.
We agree with Gibbs that the trial court erred in giving CALCRIM No. 361. However, upon our review of the record, we find the error harmless. (People v. Watson (1956) 46 Cal.2d 818, 836 (Watson).)
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