What instruction is required by a jury on the charge of possession of cocaine with intent to sell?

California, United States of America

The following excerpt is from People v. Singleton, B203646 (Cal. App. 1/13/2009), B203646 (Cal. App. 2009):

An instruction on the lesser offense of simple possession was required in this case only if there was substantial evidence that appellant was guilty of possessing the cocaine without having the intent to sell it. We find that there was no evidence "`sufficient to "deserve consideration by the jury"'" (People v. Lewis (2001) 25 Cal.4th 610, 645) that appellant possessed the cocaine found in the adjacent lot but not with the intent to sell it.

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