P. v. Fuller
A jury acquitted Mack Fuller on charges of transportation of cocaine base (Health & Saf. Code, § 11352, subd. (a)) and possession for sale of cocaine base (Health & Saf. Code, § 11351.5), but found him guilty of one count of possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)), a lesser included offense of the possession for sale charge. On appeal, Fuller contends the prosecutor engaged in several instances of prejudicial misconduct, and that the trial court erred in denying him probation pursuant to Proposition 36. Fuller also asserts, and the People concede, that the abstract of judgment is incorrect. In addition, Fuller requests that we review the in camera proceedings the trial court conducted pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We direct the trial court to modify the abstract of judgment, and otherwise affirm.
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