In what circumstances can a jury overturn a conviction for possession of cocaine base for sale?

California, United States of America


The following excerpt is from The PEOPLE V. NEWTON, B212550, No. BA322390 (Cal. App. 2010):

light of the conflicting evidence as to whether or not the cocaine rocks were individually wrapped, the jury could reasonably have concluded that appellant was guilty only of simple possession rather than possession for sale. It was for the jury to decide. (See People v. Burns (2009) 172 Cal.App.4th 1251, 1258.) We reverse the conviction.

The conviction for possession of cocaine base for sale is reversed and the cause remanded to the superior court with directions to enter a judgment of guilty on simple possession of cocaine base if the prosecutor consents to forgo prosecuting appellant for possession for sale of cocaine base; or in the alternative, to set the cause for retrial on this count if the prosecutor does not so consent. (See People v. Woods (1991) 226 Cal.App.3d 1037, 1059.) In all other respects the judgment is affirmed.

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