P. v. Chester
A jury convicted appellant Dale Lamar Chester of one count of resisting an executive officer (Pen. Code, 69),[1] one count of transporting a controlled substance (Health & Saf. Code, 11352, subd. (a)), one count of possessing a controlled substance (Health & Saf. Code, 11350, subd. (a)), and one count of being under the influence of a controlled substance (Health & Saf. Code, 11550, subd. (a)). The jury was unable to reach a verdict on an additional count of resisting an executive officer. He pled guilty to one charge of child annoyance ( 647.6, subd. (a)) and admitted a prior conviction allegation ( 667, subds. (c)(1), (e)(1), 1170.12, subds. (a)(1), (c)(1)).
Chester was sentenced to the upper term of seven years four months in state prison. Restitution and parole revocation fines were imposed and suspended. He was given 97 days of presentence custody and conduct credit.
On appeal, Chester asserts Batson/Wheeler error,[2] ineffective assistance of counsel, and lack of substantial evidence to support his conviction for resisting an executive officer and transporting a controlled substance. Chester also filed a petition for writ of habeas corpus alleging ineffective assistance of counsel and challenging partial denial of his Pitchess motion.[3] At Chester's request, Court consider the petition with the appeal. Court affirm the judgment. Court deny the petition by separate order.
Comments on P. v. Chester