P. v. Garibay
On November 5, 2010, the Kern County District Attorney charged appellant, Jesus Alaniz Garibay, with transportation, sale or furnishing cocaine (count 1/Health & Saf. Code, § 11352, subd. (a)),[1] possession for sale of cocaine (count 2/§ 11351), and possession of cocaine (count 3/§ 11350, subd. (a)), a lesser included offense of the possession for sale charged in count 2.
On January 12, 2011, a jury convicted Garibay on count 1.
On February 10, 2011, the court sentenced Garibay to the middle term of four years.
On appeal, Garibay contends the court committed instructional error. We affirm.
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