P.

Filed 5/29/13 P. v. Sillard CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yolo) ----

THE PEOPLE, C070363

Plaintiff and Respondent, (Super. Ct. No. CRF11463)

v.

ANTHONY JOSEPH SILLARD,

Defendant and Appellant.

Sentenced to 15 years and eight months in county jail for possessing both methamphetamine and marijuana for sale, defendant Anthony Joseph Sillard appeals, contending the trial court: (1) violated his constitutional rights by failing to give a reasonable doubt instruction just before jury deliberations began; (2) erred in failing to instruct the jury on the lesser included offense of possession of marijuana; and (3) erroneously concluded that it had no power to suspend execution of a portion of his…