People v. Kaufmann CA2/5

INTRODUCTION

Following trial, a jury found defendant and appellant Maik Kaufmann (defendant) guilty of possession for sale of a controlled substance and maintaining a place for the sale or use of a controlled substance. On appeal, defendant contends that the trial court abused its discretion when it allowed testimony concerning a text message. Defendant also contends that he received ineffective assistance of counsel because his trial counsel failed to request limiting instructions as to evidence admitted against a codefendant who pleaded no contest prior to the close of evidence. And defendant argues that the trial court incorrectly instructed the jury as to the elements of one of the charged crimes. In a supplemental brief, defendant maintains that he is entitled to additional conduct credits and that the abstract of judgment should be corrected to reflect his aggregate sentence pursuant to California Rules of Court, rule 4.452. Given the strength of the evidence in support of the findings of guilt on the two charged crimes, we hold that defendant has failed to demonstrate that he was prejudiced by any of the three claimed errors on appeal. We further hold that defendant is…