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PEOPLE v. MITCHELL

Docket No. 2153.

53 Cal.App.3d 21 (1975)

125 Cal. Rptr. 543

THE PEOPLE, Plaintiff and Appellant, v. CLAREN MITCHELL, Defendant and Respondent.

Court of Appeals of California, Fifth District.

November 14, 1975.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold Overoye, Assistant Attorney General, Marjory Winston Parker and Kevin M. Corrington, Deputy Attorneys General, for Plaintiff and Appellant.

Sprague, Milligan & Beswick, Richard R. Beswick and Stephany J. Wagner for Defendant and Respondent.

OPINION

BROWN (G.A.), P.J.

Respondent, Claren Mitchell, was convicted by a jury of violating Health and Safety Code section 11352 (sale of amphetamines). She made a motion for a new trial based upon the single ground that the trial court erred in not instructing sua sponte on the lesser included offenses of possession of amphetamines (Health & Saf. Code, § 11350) and possession of amphetamines for sale (Health &...

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