P. v. Cummings
A jury convicted defendant Joe Cummings of sale of cocaine base (count 1; Health & Saf. Code, 11352, subd. (a)), unlawful possession of cocaine base (count 2; Health & Saf. Code, 11351.5), and misdemeanor child endangerment (count 3; Pen. Code, 273a, subd. (b) [undesignated statutory references are to the Penal Code]). As to counts 1 and 2, the jury found in a bifurcated proceeding that defendant had been convicted of and served a prior prison term for a felony. ( 245, subd. (a)(1), 667.5, subd. (b).)
Sentenced to five years in state prison (the four year midterm on count 1, plus one year under 667.5, subd. (b), with concurrent terms on counts 2 and 3), defendant contends: (1) The trial courts erroneous admission of substances booked into evidence by Detective Malmquist rendered his trial fundamentally unfair. (2) Defendants conviction on count 3 must be reversed because the trial court prejudicially misinstructed the jury on the burden of proof. (3) The trial courts exclusion of co-defendant Pete Turners guilty plea and admission that he sold the controlled substances to an undercover officer rendered defendants trial fundamentally unfair. In addition, defendant asks us to conduct an independent review of the sealed records regarding his Pitchess motion. (Pitchess v. Superior Court (1974) 11 Cal.3d 531; see Evid. Code, 1043.) Court affirm.
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