P. v. Duby
Appellant Thomas Duby was convicted, following a jury trial, of one count of possession of marijuana for sale in violation of Health and Safety Code section 11359 and one count of transportation of marijuana in violation of Health and Safety Code section 11360, subdivision (a). The jury found true the allegation that appellant had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). The trial court sentenced appellant to the low term of two years for the possession for sale conviction, stayed sentence on the transportation conviction pursuant to Penal Code section 654 and struck the section 667.5 enhancement.
Appellant appeals from the judgment of conviction, contending that the trial court abused its discretion in admitting evidence of his prior uncharged conduct and text messages on his cell phone, and erred in failing to instruct the jury on his burden of proof under the Compassionate Use Act ("CUA") and failing to modify CALJIC No. 12.21 and CALCRIM No. 2361. Appellant further contends that the prosecutor committed misconduct in closing argument. We affirm the judgment of conviction.
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