People v. Franco, No. B211850
Conviction for maintaining a place for selling, giving away or using a controlled substance is reversed and remanded where: 1) trial court erred by giving the jury an instruction that permitted it to convict defendant for maintaining a place for his own personal drug use, as Health & Saf. Code section 11366 is not violated by a defendant's personal use of a controlled substance in his or her own home, even if the defendant used drugs continuously or repeatedly; and 2) section 11366 is violated only if the defendant maintains a place for the continuous or repeated use of drugs by others.
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Filed December 22, 2009
Opinion by Judge Mosk
For Appellant: California Appellate Project, Jonathan B. Steiner, Executive Director, and Ronnie Duberstein
For Appellee: Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec, Supervising Deputy Attorney General, Thomas C. Hsieh, Deputy Attorney General
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