Carter

As pertinent, defendant Jason Aaron Carter was convicted by jury of possession of cocaine base for sale. (Health & Saf. Code, § 11351.5.)

Following his sentence to state prison, defendant appeals, contending the trial court erroneously denied his motion in limine and allowed a police officer, with extensive training and experience in sales of narcotics, to render an expert opinion that defendant possessed rock cocaine for purposes of sale, based on the quantity of the drug possessed (27.4 grams).

Defendant relies on People v. Arguello (1966) 244 Cal.App.2d 413 [ 53 Cal.Rptr. 245 ], which held the trial court erroneously allowed a qualified police officer to render an expert opinion that defendant, who was not a user of heroin, possessed heroin for purposes of sale, based on the quantity of the drug possessed. {Id. at p. 421.)

However, Arguello is no longer good law, because it has been overruled on this point sub silentio by our Supreme Court in People v. Newman (1971) 5 Cal.3d 48 [ 95 Cal.Rptr. 12 , 484 P.2d 1356 ], disapproved on another point in People v. Daniels (1975) 14 Cal.3d 857, 862 [ 122 Cal.Rptr. 872 , 537 P.2d 1232 ].

In Newman , the defendant was found in…