People v. Johnson

Andre Johnson appeals from a judgment of conviction of one count of possession of cocaine for sale (Health & Saf. Code, § 11351.5). The jury also found true an allegation under Penal Code section 1203.073, subdivision (b)(5), which restricted appellant’s eligibility for probation. After denying appellant’s motion for a new trial, the court denied probation, sentenced appellant to the lower base term of three years, and set bail pending appeal.

*394 Facts *

I.

Appellant contends that the court erred in permitting the prosecution to impeach Mr. Walters with evidence allegedly obtained in an illegal search.

On direct examination, defense counsel asked Mr. Walters, “You’re not involved in purchases or sales of drugs out there, are you?” Mr. Walters responded that he was not. Prior to the cross-examination of Mr. Walters, the court held a conference outside of the jury’s presence to address appellant’s objections to the prosecution’s proposed use of Mr. Walters’s recent arrest for possession of a pipe containing cocaine residue. Based on the police report, the court opined that the search of Mr. Walters’s house may have been illegal. Nonetheless, the court ruled that…