Harris

Charged with two counts of selling methamphetamine, defendant Robert Lee Harris waived trial by jury and submitted the matter on the transcript of the preliminary hearing. Defendant was found to be guilty as charged on both counts. Imposition of sentence was suspended and defendant was placed on probation for a period of three years with no time in local custody.

On this appeal from the judgment (order granting probation), defendant contends: (1) sanctions should have been imposed for failure to gather and preserve evidence potentially favorable to defendant; (2) defendant’s motion for continuance should have been granted, and (3) the trial court erred in ruling certain defense evidence inadmissible.

Facts

The transcript of the preliminary hearing, which was the evidence upon which defendant was tried and convicted, is not part of the record on appeal. As defendant does not challenge the sufficiency of the evidence to support the convictions, the omission is not of great significance. An adequate summary of the pertinent facts can be constructed from the existing appellate record and the appellate briefs.

Defendant, age 27, was living in El Cajon, near San Diego,…