P. v. Dicicco
A jury convicted Tony Dicicco of possession for sale of a controlled substance (methamphetamine) (Health & Saf. Code, 11378), and found true allegations that he was presumptively ineligible for probation based on the quantity of methamphetamine (Pen. Code, 1203.073, subd. (b)(2)). Dicicco admitted allegations he suffered a prior drug-related conviction and a strike prior conviction (Health & Saf. Code, 11370.2; Pen. Code, 667, subds. (b)-(i)), served three prior prison terms (Pen. Code, 667.5. subd. (b)), and committed the present criminal offense while on bail (Pen. Code, 12022.1, subd. (b)). Striking his prior prison convictions, the trial court sentenced Dicicco to a 10-year state prison term. On appeal, Dicicco contends the evidence is insufficient to support his conviction for possession of methamphetamine for sale. He also contends the court prejudicially erred by instructing the jury with CALCRIM Nos. 2302 and 375. Court reject these contentions and affirm the judgment.
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