Perez

A jury convicted defendant Gerardo Perez of possession of products containing hydriodic acid with intent to manufacture methamphetamine (Health & Saf.Code, § 11383, subd. (c)(2); count one) and possession of 28.5 grams or less of marijuana (Health & Saf.Code, § 11357, subd. (b); count two). The court imposed a two-year prison sentence.

Defendant contends the prosecution improperly relied on the theory he aided and abetted another person who intended to manufacture methamphetamine. He also challenges the sufficiency of the evidence to otherwise prove he possessed products containing hydriodic acid with the intent to manufacture methamphetamine. Finally, he claims the trial court erred by instructing the jury in accordance with the prosecution's aiding and abetting theory, admitting certain statements in violation of the corpus delicti rule and his Miranda rights ( Miranda v. Arizona (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ), and improperly limiting the scope of his counsel's closing argument.

The court erred by giving instructions on aider and abettor liability since the facts adduced at trial did not support the prosecution's theory. The prosecution's…