Holloway

Willie Ester Holloway, among others, bought rock cocaine from undercover police officers posing as drug sellers in a reverse sting operation designed to catch and deter drug traffickers plaguing many neighborhoods. Holloway appeals from the judgment entered following his resulting conviction by the court of possessing cocaine. (Health & Saf. Code, § 11350, subd. (a).) Holloway also admitted a prior serious felony conviction. (Pen. Code, § 667, subds. (b)-(i).) He received a 16-month lower term, doubled under the legislative three strikes law (§ 667, subds. (b)-(i)), for a total 32-month sentence.

Issues and Holding

Holloway challenges three alleged trial court errors. (I) During the operation that resulted in his arrest, the police used rock cocaine manufactured from powder cocaine, planned to offer small samples of rock cocaine to potential buyers if necessary to complete sales, and failed to recover all cocaine used in the program. Holloway argues this activity constituted outrageous police conduct for which the trial court should have dismissed his case. (II) In this nonbifurcated court trial, the People did not present evidence of Holloway’s prior conviction before…