P. v. Figueroa
A jury convicted Carlos Figueroa of possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)), possession of heroin (id., 11350, subd. (a)) and possession of cocaine (ibid.). The jury acquitted Figueroa on the charge of possession of methamphetamine for sale. The trial court sentenced Figueroa to three years in prison.
Figueroa appeals, contending that his convictions and sentence are invalid. He argues that his convictions must be reversed because the trial court erroneously instructed the jurors that they could consider a defendant's prior felony conviction in evaluating witness credibility despite the fact that Figueroa did not testify and no evidence was presented of his criminal record. Figueroa also contends that his sentence is invalid because the trial court imposed an upper term sentence based on facts found by the trial court and not the jury, violating his constitutional rights under the Sixth Amendment. court conclude that Figueroa's contentions are without merit and affirm.
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