P. v. Heifner
jury convicted defendant Robert Edward Heifner of possessing methamphetamine for sale, and the trial court found defendant had two prior drug convictions and had served two prior prison terms.
Sentenced to state prison, defendant appeals. He contends (1) the prosecutor violated Brady v. Maryland (1963) 373 U.S. 83 [10 L.Ed.2d 215] (hereafter Brady) by failing to disclose that, two days prior to arrest, defendant tested positive for amphetamine and methamphetamine; (2) the trial court erred in denying defense counsels request for a continuance to obtain testimony by an expert regarding the result of the drug test; and (3) defendant received ineffective assistance of counsel when his trial attorney failed to investigate and secure evidence of the positive drug test to support a lesser offense of simple possession of methamphetamine, rather than possession for sale. Court find no prejudicial error.
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