People v. Brace CA6
Opinion
Opinion
I. INTRODUCTION
Defendant George Alden Brace appeals after a jury convicted him of receiving stolen property (Pen. Code, § 496, subd. (a))1 and possession for sale of a controlled substance (Health & Saf. Code, § 11378). The trial court found true allegations that defendant had served two prior prison terms (§ 667.5, subd. (b)) and had a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12). Defendant was sentenced to a prison term of six years four months. On appeal, defendant contends his trial counsel was ineffective for failing to retain an expert in drug possession and sales, claiming that expert testimony would have supported the defense theory that defendant was only guilty of simple possession, not
1 All further statutory references are to the Penal Code unless otherwise indicated. possession for sale. We find no merit to this claim, and we will therefore affirm the judgment. Appellate counsel has filed a petition for writ of habeas corpus, which this court ordered considered with the appeal. We have disposed of the habeas petition by separate order filed this day. (See Cal. Rules of Court, rule 8.387(b)(2)(B).)