Dimitrov

People v. Dimitrov

Good Law
1995 Cal. App. LEXIS 236·33 Cal. App. 4th 18·39 Cal. Rptr. 2d 257·95 Daily Journal DAR 3354·95 Cal. Daily Op. Serv. 1959
Court of Appeal of CaliforniaMarch 15, 1995B082526California4,836 words

Opinion

Opinion

Woods, J.

A jury convicted appellant of possession for sale of cocaine base (Health & Saf. Code, § 11378; count I), possession for sale of methamphetamine (Health & Saf. Code, § 11378; count II), and possession of a destructive device (Pen. Code, § 12303, a lesser included offense of Pen. Code § 12303.2; count III). Appellant then admitted two state prison felony allegations (Pen. Code, § 667.5 and Health & Saf. Code, § 11370.2). Appellant was sentenced to state prison for 11 years, 8 months.

Appellant’s numerous contentions of trial court error concern improper and omitted instructions, denial of a Penal Code section 1538.5 motion, failure to disclose confidential informants, sustaining of a witness’s self-incrimination claim, a ruling on scope of cross-examination if appellant testified, imposition of a fine, and admissibility of evidence.

We find no prejudicial error and affirm the judgment.

Factual Background

There being no insufficiency of evidence claim, the facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

In April 1992 Ola Ray rented apartment 301 at the Pinehurst…

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