P. v. Harris
A jury convicted defendant and appellant Aquanetta Harris of possession for sale of phencyclidine (PCP) (Health & Saf. Code, 11378.5.)[1] Defendant admitted suffering a prior strike conviction within the meaning of the Three Strikes law ( 667, subds. (a)-(d), 1170.12, subds. (b)-(i)). The trial court sentenced defendant to eight years in state prison.
On appeal, defendant contends that the trial court erred when it denied her Pitchess[2] motion, when it failed to instruct the jury properly on voluntary intoxication, and when it admitted irrelevant and highly prejudicial gang evidence. Court conditionally reverse the judgment and remand the matter to the trial court for further proceedings on defendants Pitchess motion as set forth below.
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