Flores

A jury convicted James Quincy Flores (appellant) of carrying a concealed dirk or dagger (Pen. Code, § 12020, subd. (a)(4)), possession of cocaine (Health & Saf. Code, § 11350, subd. (a)), possession of heroin (Health & Saf. Code, § 11350, subd. (a)), and unauthorized possession of a hypodermic needle or syringe (Bus. & Prof. Code, § 4140). In a bifurcated proceeding, the trial court found true four prior strike allegations and a prior prison term allegation. The trial court sentenced appellant to an indeterminate term of 25 years to life on the felony convictions, plus a one-year determinate term on the prior prison term. The court granted appellant credit for time served on the possession of a hypodermic syringe misdemeanor. Various fines and fees were imposed.

On appeal appellant contends that: (1) the trial court erred when it denied his new trial motion based on juror misconduct; (2) the trial court improperly instructed on the elements of carrying a concealed dirk or dagger; (3) there is insufficient evidence to support his conviction for heroin and cocaine possession; (4) he was improperly convicted of possession of both heroin and cocaine under the instructions…