P. v. Archer 11/17/09 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D052978

Case Date: 03/11/2010

Preview:Filed 11/17/09 P. v. Archer CA4/1

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

THE PEOPLE, Plaintiff and Respondent, v. NATHANIEL ARCHER, Defendant and Appellant.

D052978

(Super. Ct. No. SCD 198684)

APPEAL from a judgment of the Superior Court of San Diego County, Kerry Wells, Judge. Affirmed in part; reversed in part.

Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Meredith A. Strong, Deputy Attorneys General, for Plaintiff and Respondent.

A jury found appellant Nathaniel Archer guilty of cultivation of marijuana in violation of Health and Safety1 Code section 11358, a felony [count 1], and of simple possession of marijuana in violation of section 11357, subdivision (a) [as a lesser included offense of count 2].2 Archer waived a jury trial on a prior conviction, and the trial court made a true finding he was convicted of a "strike" prior in 1986 (Pen. Code,

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