George
People v. George
Opinion
Opinion
Todd, J.
A jury convicted Johnaton Sampson George of one count of possession of a controlled substance in jail. (Pen. Code, § 4573.6.) The trial court sentenced George to the middle term of three years in state prison, with two years stayed, to be served consecutively to an eight-year prison term previously imposed in another case. On appeal, George, subsequently accused of murdering a man in a carjacking during an escape while awaiting trial, contends the trial court erred in ordering him to be shackled during this trial and exacerbated the error by calling further attention to the security measures with a jury admonishment. George also contends there was insufficient foundation to overcome a hearsay objection to an exhibit that linked him to the controlled substance found in the jail. Additionally, George contends that the prosecution failed to prove a necessary element of the charged crime, lack of authorization for possession of the controlled substance. In a related assignment of error, George raises the failure to instruct the jury in this regard.
Facts
About 10 p.m. on February 16, 1992, a confidential informant told San Diego Sheriff’s Deputy Donald Williams there were…