Fields

People v. Fields

Bad Law
1998 Cal. App. LEXIS 164·61 Cal. App. 4th 1063·72 Cal. Rptr. 2d 255·98 Daily Journal DAR 1971·98 Cal. Daily Op. Serv. 1453
Court of Appeal of CaliforniaFebruary 27, 1998B112055California3,033 words

Opinion

Opinion

Turner, J.

I. Introduction

Defendant, Elliot Lambert Fields, appeals after he was convicted of selling cocaine (Health & Saf. Code, § 11352) and found to have been convicted previously of five serious felonies. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) In the published portion of the opinion, we discuss defendant’s contentions of first impression, whether: testimony concerning a telephone number on defendant’s pager was hearsay evidence; there was sufficient foundation to permit evidence concerning a telephone number to be presented to the jury; and an experienced narcotics detective would testify concerning a code of defendant’s pager. We reject these contentions concerning defendant’s pager as well as that discussed in the unpublished portion of the opinion and affirm the judgment.

II. Discussion

A. The Telephone Number on Defendant’s Pager Was Not Hearsay

Defendant argues that testimony concerning a telephone number appearing on the pager in his possession was inadmissible hearsay. At the time of his arrest, defendant was found in possession of pager which displayed a telephone number. Over defense objection, the trial court permitted a detective to testify as to the…

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