Covarrubias
People v. Covarrubias
Opinion
Lead Opinion
Aaron, J.
I.
INTRODUCTION
Authorities at the San Ysidro port of entry, at the border between Mexico and the United States, discovered approximately 193 pounds of marijuana hidden in a truck that Feliciano Covarrubias was driving. A jury found Covarrubias guilty of possession of marijuana for sale (Health & Saf. Code, § 11359) (count 1) and transporting more than 28.5 grams of marijuana into California (Health & Saf. Code, § 11360, subd. (a)) (count 2). With respect to count 2, the jury also found true an allegation that the marijuana was not for *4 personal use (Pen. Code, § 1210, subd. (a)). The trial court placed Covarrubias on formal probation for three years, subject to various conditions, including that he serve 240 days in jail.
On appeal, Covarrubias contends that the trial court erred in admitting the expert testimony of Immigration and Customs Enforcement Special Agent Andrew Flood. Agent Flood testified concerning the structure and practices of drug trafficking organizations, among other issues. We agree that the court erred in admitting Agent Flood’s testimony concerning the structure and practices of drug trafficking organizations, but conclude that any error in…