Amaya

People v. Amaya

Bad Law
180 Cal. App. 3d 1·1986 Cal. App. LEXIS 1480·225 Cal. Rptr. 313
Court of Appeal of CaliforniaApril 18, 1986H000359California3,233 words

Opinion

Opinion

Agliano, J.

A jury found defendant Oralia Amaya guilty of a sale of heroin in violation of Health and Safety Code section 11352. She appeals from the resulting judgment, attacking, on the ground of ineffective assistance of counsel, the validity of her prior conviction of possession for sale of a half-ounce or more of heroin (Health & Saf. Code, § 11351) and also its admission into evidence to impeach her. We explain below why we find no prejudicial error and affirm the judgment.

II

Chronology

The record discloses that defendant and her husband, Sammy Amaya, were codefendants in an earlier 1979 case charging them with possessing a half-ounce or more of heroin for sale. They were jointly represented by one attorney and pled guilty on March 5, 1979. Subsequently on May 11, 1979, each was sentenced to prison for the middle term of three years.

The instant offense occurred on June 6, 1983. San Jose City Police Officer Walter Tibbet was engaged in conducting undercover narcotics purchases and had previously bought heroin from defendant’s husband a couple of times. During the evening on June 6, he telephoned defendant’s residence and asked for Sammy when a woman answered. She explained…

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