Jeffery

A jury convicted defendant Billy Joe Jeffery, Jr., of manufacture of methamphetamine (Health & Saf. Code, § 11379.6), possession of methamphetamine for sale (Health & Saf. Code, § 11378), and five counts of sale of methamphetamine (Health & Saf. Code, § 11379). In a bifurcated trial, the court found defendant possessed in excess of three pounds of methamphetamine for sale. (Health & Saf. Code, § 11370.4.) Defendant was sentenced to an aggregate five-year prison term.

In the published portion of the opinion we reject defendant’s contentions that (1) the court erred in admitting codefendant James Bateman’s statements to Sheriff’s Officer Gerald Ward under the coconspirator’s exception to the hearsay rule, and (2) the court erred in failing to instruct the jury sua sponte that extrajudicial statements by coconspirator Bateman must be corroborated. (CALJIC No. 3.11)

In the unpublished portion of the opinion we reject defendant’s assertions that (1) the court erred in failing to sever his trial from codefendant Bateman’s trial, (2) Ward did not accurately testify to Bateman’s statements, (3) the court improperly denied defendant’s motion for acquittal based on insufficiency…