P. v. Franklin
Rickey Franklin appeals from the judgment entered upon his conviction by jury of possession of cocaine base (Health & Saf. Code, 11350). The trial court found that he had previously been convicted of a felony within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d) and had served two prior prison terms within the meaning of section 667.5, subdivision (b).[1] It sentenced appellant to the upper term of three years, doubled as a second strike, plus one year for the prior prison term enhancement. Appellant contends that (1) the trial court erred in allowing the admission of evidence that he was arrested for spousal battery under the open the door theory, (2) the trial court violated his right to confront witnesses by precluding cross-examination of the prosecutions expert witness on the experts past overweighing of drugs, (3) the trial court violated his right to present a defense by precluding a defense witness from testifying about police misconduct, and (4) imposition of the upper term sentence violated his Sixth Amendment right to a jury trial, as articulated in Apprendi and its progeny, as well as the prohibition against ex post facto laws. Appellant requests that we independently review the in camera Pitchess hearing. Court affirm.
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