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Name: People v. Hawkins
Case #: F043865
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/01/2004
Summary

The prosecution established the corpus delicti for a violation of Health and Safety Code section 11366 independent of the defendant’s statements where the evidence showed that multiple people were currently using or had previously used the defendant’s house for smoking crack cocaine, because the jury could reasonably infer from this evidence that someone had had a purpose of using the house for selling, giving away, or using controlled substances. Furthermore, sufficient evidence supported the conviction, and where a specific intent instruction was given under CALJIC 12.08, the judge was not required to specifically instruct the jury on the meanings of “opening” and “maintaining” under the statute.