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Note: This story was edited Aug. 8 to correct the method of Cabacungan’s conviction.

The jury is out on whether a fentanyl sale could result in murder if the buyer overdoses.

Closing arguments in a San Bernardino trial were heard Aug. 3.

If convicted of murder, Bryan Anaya-Esquivel would be the second known murder conviction for a fentanyl drug sale in the state.

His trial could set precedent in prosecutors’ fight against fentanyl deaths.

In closing argument, prosecutor Deborah Ploghaus urged the jury to convict on second degree murder, and, if the murder charge does not stick, to acquit Anaya-Esquivel instead of convicting

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