P. v. Bonner

Filed 2/21/07  P. v. Bonner CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

            APPEAL from a judgment of the Superior Court of Los Angeles County,

Ruth Ann Kwan, Judge.  Affirmed.

            John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.

            Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Michael C. Keller and Ana  R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent.

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            Richard Bonner appeals from the judgment entered following his conviction after a court trial on one count of selling a controlled substance (heroin).  Bonner contends the trial court's decision to strike the testimony of a defense witness deprived him of his right to a fair trial and violated due process.  We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

            1.  The Information

            Bonner was charged in a single-count information with selling, transporting or offering to sell a controlled substance.  (Health & Saf. Code, § 11352, subd. (a).)  It was also alleged Bonner had suffered two prior convictions for serious or violent felonies within the meaning of the â€