In what circumstances will the Court overturn a conviction for possession of marijuana?

California, United States of America


The following excerpt is from The People v. Maldonado, E048957, No. FSB800905 (Cal. App. 2010):

Even if the evidence was erroneously admitted, we conclude it was not reversible prejudicial error. "[T]he erroneous admission of [irrelevant evidence] warrants reversal of a conviction only if the appellate court concludes that it is reasonably probable the jury would have reached a different result had the [evidence] been excluded. [Citation.]" (People v. Scheid (1997) 16 Cal.4th 1, 21.) As is evidenced from our detailed discussion, ante, defendant's marijuana possession was only a small piece of the overwhelming evidence against him. There is no probability that defendant would have received a more favorable result had the testimony regarding the marijuana been excluded.

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