Sherman

A jury convicted appellant Darin Mercell Sherman of selling cocaine base (Health & Saf. Code, § 11352) and he admitted a prior conviction for selling cocaine base (Health & Saf. Code, § 11370.2, subd. (a)). The court sentenced appellant to a total term of six years in prison.

On appeal, appellant contends the evidence does not support what he claims is an essential element of his conviction for selling cocaine base: namely, that the cocaine base he sold was capable of “having a stimulant effect on the central nervous system.” (Health & Saf. Code, § 11054, subd. (f)(1).) In addition, appellant contends the trial court prejudicially erred when it admitted evidence of a prior instance in which defendant sold base cocaine. The trial court admitted evidence of this prior offense to prove a common design or plan in the present offense. We affirm.

I

Facts

II

Discussion

A. The Prosecution Was Not Required to Prove the Cocaine Base Sold Was Capable of “Having a Stimulant Effect on the Central Nervous System.”

Appellant contends an essential element of a charge of selling base cocaine is that the base cocaine sold must be capable of “having a stimulant effect on the central…