California, United States of America
The following excerpt is from In re Corpus, D069374 (Cal. App. 2016):
On October 13, 2015, following the evidentiary hearing and consideration of the trial evidence, the trial court issued an order denying the petition for writ of habeas corpus. Citing People v. Jimenez (1995) 33 Cal.App.4th 54 (Jimenez), the court concluded it was not reasonably probable the jury would have not found the enhancement true even had it been correctly instructed on section 11353.6, subdivision (g)'s definition because the evidence showed the backyard was readily accessible to the public. The court stated:
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