People v. Leon CA4/3

INTRODUCTION

A jury convicted Angel Broque Leon of one count of possession for sale of a controlled substance (fentanyl) in violation of Health and Safety Code section 11351. Before trial, the prosecution dismissed the other charged count, which was for misdemeanor possession of a controlled substance (methamphetamine) in violation of Health and Safety Code section 11350. After striking a prior conviction for purpose of sentencing, the trial court sentenced Leon to a prison term of four years. Leon seeks reversal based on three contentions: (1) The trial court erred by instructing the jury with a credibility instruction modified to refer to misconduct related to methamphetamine; (2) the trial court erred by instructing the jury on constructive possession of controlled substances; and (3) cumulative error. We conclude Leon’s challenge to the credibility instruction is barred by the invited error doctrine and the instruction on constructive possession, if erroneous, was harmless. We therefore affirm.

STATEMENT OF FACTS

On November 2, 2021, Newport Beach police officer Jacob Khor was dispatched to the parking lot of a shopping center in Newport Beach in response to a report of a…