P. v. Miller
Defendant and appellant Norris Dajon Miller appeals from the judgment entered following a jury trial that resulted in his conviction of possession and sale of cocaine.[1] He contends: (1) he was denied due process and a fair trial as a result of the trial courts refusal to instruct on the uncharged offense of sale of a substance in lieu of a controlled substance; and (2) imposition of the upper term violated his Sixth Amendment right to a jury trial. Defendant also requests that we review the record of the trial courts examination of the arresting officers personnel files made pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). Because of sentencing error, Court reverse in part and remand.
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