P. v. Dillon
A jury convicted defendant of selling cocaine. (Health & Saf. Code 11352, subd. (a).) Prior to trial, defendant admitted the enhancement allegation that he had previously suffered a conviction for possession of cocaine base for sale. (Health & Saf. Code 11370.2/11351.5.)[1] The court struck the prior conviction and sentenced defendant to prison for four years, the midterm. On appeal, defendant contends that the trial court committed prejudicial error by (1) allowing evidence that defendant had participated in drug sales at the same location six years earlier; (2) failing to instruct the jury sua sponte that defendants out-of-court statements were admissions that should be viewed with caution; and (3) refusing to admit portions of the San Jose Police Departments Duty Manual. He argues that the cumulative effect of these errors requires reversal. He also challenges the correctness of the trial courts decision to uphold Officer Guerras claim of privilege as to the location of his surveillance post, and asks this court to review the sealed reporters transcript of the in camera hearing. Court affirm.
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