People v. Lee

Dorothy Anne Lee (Lee) appeals from her jury-tried conviction of selling methamphetamine. (Health & Saf. Code, § 11379.) Lee admitted the offense, but defended claiming she was entrapped. Lee contends the judgment should be reversed because she established entrapment as a matter of law. Lee also contends the court erroneously (1) instructed the jury about entrapment and motive; (2) admitted evidence of an uncharged offense; and (3) excluded testimony about the content of a ship’s log. We affirm. Lee did not establish entrapment as a matter of law, and the court properly instructed the jury about entrapment and properly excluded hearsay about a ship’s log. Although the court erroneously admitted evidence of an uncharged offense and should not have instructed on motive, such errors are not prejudicial.

I

Facts

In April 1988 Petty Officer Charles J. Ackernecht (Ackernecht) awakened in his barracks and saw Lee, a civilian, selling a “white substance” to three other sailors. After concluding the sale, Lee “brought out a mirror and razors and cut it up into lines. And then they were using dollar bills. And all of them snorted it.”

Concerned because “[o]ne person can turn a…