Singleton

Defendant-appellant Jenny Lee Singleton was convicted by a jury of violating Health and Safety Code sections 11351 (possession for sale of cocaine) and 11352 (transportation of cocaine). She appeals, asserting that the trial court erred in its instructions to the jury and failed to give a cautionary admonition after improper closing argument by the prosecutor.

Background

At approximately 2 a.m. on April 8, 1985, Sergeant Gilbert Byers of the Concord Police Department noticed a Ford Granada with an expired license plate decal driving at an unusually slow rate of speed on Clayton Road near LaTour Lane. Byers could see that the car had two occupants. He activated his overhead flashing lights and pulled the car over to the side of the road.

The driver identified himself as William Bedell. As he approached Sergeant Byers, he appeared unsteady on his feet and his breath smelled of alcohol. Byers administered a field sobriety test, during which another patrolman, Officer Grimes, appeared on the scene.

Byers concluded that Bedell had been driving under the influence of alcohol or drugs and placed him under arrest. Defendant thereupon exited from the vehicle and asked Byers to…