People v. Leo CA2/4

INTRODUCTION

Defendant Scott Leo hosted drug-fueled parties at his home, where he and his guest(s) would primarily consume methamphetamine and GHB.1 A jury convicted defendant of three drug-related crimes: maintaining a place to give away or furnish controlled substances (count 3) and furnishing GHB and methamphetamine to others (counts 4 & 5, respectively). On appeal, defendant contends the trial court committed various evidentiary errors as well as instructional error. He further contends the court improperly informed the jury about a victim advocate present in the courtroom. In sum, defendant argues that cumulative prejudice caused by these errors requires reversal. In addition, defendant asserts there was insufficient evidence to support count 3, and his sentence on that count must be stayed pursuant to Penal Code section 654. While his contentions largely fail, defendant’s claim of sentencing error has merit. Therefore, we direct the superior court to modify the abstract of judgment to reflect the stay. In all other respects, the judgment is affirmed.

FACTUAL BACKGROUND

On appeal, “we must view the evidence in the light most favorable to the verdict and presume the…