Vera

People v. Vera

Good Law
1999 Cal. App. LEXIS 98·69 Cal. App. 4th 1100·82 Cal. Rptr. 2d 128·99 Daily Journal DAR 1327·99 Cal. Daily Op. Serv. 1077
Court of Appeal of CaliforniaFebruary 8, 1999H017420California988 words

Opinion

Opinion

Elia, J.

Marveya Vera appeals from a judgment of conviction of conspiracy to commit a crime (Pen. Code, § 182, subd. (a)(1)), namely a violation of Health and Safety Code section 11370 (sale of methamphetamine), and possession of a controlled substance, namely cocaine (Health & Saf. Code, § 11350, subd. (a)), following a jury trial.

On appeal, the defendant contends she received ineffective assistance of counsel because (1) her attorney failed to argue that the least adjudicated elements of her prior conviction of violating Health and Safety Code section 11366 did not necessarily establish moral turpitude and, therefore, the conviction was inadmissible for impeachment under People v. Castro (1985) 38 Cal.3d 301 [ 211 Cal.Rptr. 719 , 696 P.2d 111 ] and (2) her attorney failed to have her stipulate that she knew the substance, which officers found under her bed in the bedroom she had shared with her boyfriend up until shortly before her arrest, was cocaine. She asserts that these steps would have enabled her defense counsel to successfully object to the admission of evidence of her prior conviction of violating section 11366 and of her prior drug use on the ground that such…

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