Apodaca

Defendant Benjamin Lawrence Apodaca was charged by information in count I with possession of methamphetamine for sale (Health & Saf. Code, § 11378); in count II with possession of marijuana for sale (Health & Saf. Code, § 11359); in count III with possession of cocaine for sale (Health & Saf. Code, § 11351); and in count V with a misdemeanor offense of possession of drug paraphernalia Health & Saf. Code, § 11364). He was found guilty after a jury trial on count I of possession of methamphetamine for sale, on count II of a lesser offense of possession of marijuana (a misdemeanor), on count III of a lesser offense of possession of cocaine, and on count V of possession of paraphernalia. Defendant was sentenced to the middle term of two years on count I, a concurrent term of two years on count III (possession of cocaine), and concurrent terms of one hundred eighty days for each of the misdemeanor convictions on counts II and V. At the time of sentencing, defendant also pleaded guilty to an unrelated charge of possession of methamphetamine and received a concurrent sentence of two years.

Defendant now appeals, contending (1) the trial court erred in finding a defense witness…