Month: January 2013

Hung Jury Where Client Sold Marijuana to an Undercover Officer

People v. R (2012) -Alhambra

Client was operating a mobile dispensary in the San Gabriel Valley and was contacted by an undercover police officer. The officer claimed that he was a medical marijuana patient throughout the transaction but had failed to give his recommendation the client. When the police officer approached the client for the exchange, the Client felt pressured and feared for his life after observing a bulge on the officer’s belt which turned out to be his service firearm. Not wanting to risk his life, Client exchanged the marijuana for cash and drove away.

At the jury trial, Attorney David F. Poblete presented a mistake of fact defense. The be specific, the client could not have formed the requisite intent to illegally sell marijuana because he had a reasonable belief that the officer was a medical marijuana patient. After deliberations, the judge ruled a mistrail due to a hung jury.

 

HUNG JURY – Domestic Violence Case

People v. GV (2013) – West Covina Courthouse

Client was caught in an altercation with his baby’s mother’s family during a custody exchange. Client fought with the baby’s mother’s brother leading to a criminal battery case. Client was seen on tape by police dash cam footage being beaten by the brother as police officers arrived. At the conclusion of the jury trial, the judge declared a hung jury and dismissed the case with prejudice.