McCall

Certified for Partial Publication.

BLEASE, Acting Presiding Judge.

Defendant Lisa Robin McCall was convicted by jury of manufacturing methamphetamine (Health & Saf.Code, § 11379.6, subd. (a)) [1] , possession of ephedrine with intent to manufacture methamphetamine (§ 11383, subd. (c)(1)), possession of hydriodic acid with intent to manufacture methamphetamine (§ 11383, subds.(c)(2) and (f)), and use and possession of methamphetamine. (§§ 11550 and 11377.) [2]

She was sentenced to serve a total of six years in prison on concurrent terms as follows: five years on count one, six years on count two, four years on count three, and two years on count four. Execution of the sentence was suspended pursuant to section 3051, upon a finding defendant is in imminent danger of becoming addicted to narcotics. She appeals from the judgment of conviction.

On appeal, McCall challenges the denial of her motion to suppress evidence seized from her residence and raises several instructional and evidentiary errors.

We agree with her claim that count three must be reversed because the jury was instructed with an unconstitutional mandatory presumption which required it to find defendant possessed…