United States v. Douglas Chew Kam Tom
Opinion
Opinion
Choy, J.
The defendant appeals from his conviction for distribution of cocaine, alleging error in the admission at trial of evidence of his prior drug conviction and in the form of the instruction to the jury on entrapment. We affirm the conviction.
1. Facts
On two separate occasions in 1979, the defendant, Douglas Chew Kam Tom (“Tom”), sold quarter-ounce portions of cocaine to an undercover agent. Tom was convicted by jury of two counts of distributing cocaine. Tom admits that the cocaine sales took place, but claims that he was a “hapless clutz” entrapped by a Drug Enforcement Administration (“DEA”) agent and an informer. Thus the major issue at trial was whether Tom was entrapped by the DEA, or whether he was predisposed to commit the offense of distributing cocaine.
II. The Prior Conviction Testimony
Tom’s long-time girlfriend, Ms. Rogers, testified in support of the defense theory that Tom was not predisposed to sell cocaine. Ms. Rogers testified under direct examination that she had never known Tom to deal in drugs. The prosecution then elicited, over objection, Rogers’ admission that she was aware of Tom’s prior drug conviction.