Lancellotti

Defendant Lawrence Lancellotti appeals from judgment and sentence of five years in state prison for manufacturing methamphetamine. Authorities were notified when the manager of defendant’s rented public storage locker noticed an unusual odor. Appellant contends that manufacturing the drug was physically impossible because a necessary piece of equipment and a necessary chemical were not present in the locker; therefore, the contents of the locker were merely being stored. He also contends that the jury was incorrectly instructed. We disagree and affirm.

Facts

On May 25, 1990, Donna Lewis, the manager of Budget Mini Storage in Milpitas, rented space E-7 to appellant who moved in items that night. No one entered the locker thereafter until June 12,1990, when Lewis smelled an unusual odor and tried to telephone appellant. The telephone number was not operational (it later turned out that appellant had also given Lewis false license and Social Security numbers), so she used bolt cutters to open the locker. She saw what looked like “a toxic spill.” There was “a bunch of chemicals all spilled together, and glassware. It looked like someone had dumped a bunch of junk . . . .”…