P. v. Newman
Appellant Daniel Newman was convicted, following a jury trial, of one count of possession of methamphetamine for sale in violation of Health and Safety Code section 11378. Appellant admitted that he suffered four prior convictions for which he had served prison terms within the meaning of Penal Code section 667.5, subdivision (b), and that one of those convictions was a conviction within the meaning of Health and Safety Code section 11370.2, subdivision (c). The trial court sentenced appellant to a total of eight years in state prison, consisting of the upper term of three years for the conviction, plus two one-year enhancements pursuant to section 667.5 and a three-year enhancement pursuant to Health and Safety Code section 11370.2.
Appellant appeals from the judgment of conviction, contending that the trial court erred prejudicially in failing to instruct the jury on the lesser included offense of simple possession of methamphetamine. He also contends that there is insufficient evidence to support his conviction. We affirm the judgment of conviction.
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