P. v. Cobb

Filed 6/30/06 P. v. Cobb CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard Kirschner, Judge. Affirmed.

Sally P. Brajevich, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Ana R. Duarte and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

Sekkean Cobb appeals from judgment entered following a jury trial in which he was convicted of selling a controlled substance (Health & Saf. Code, § 11352, subd. (a)) and his admission that he suffered a prior serious or violent felony within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). He was sentenced to eight years in prison and contends the trial court abused its discretion by allowing unduly prejudicial evidence of a later drug offense and arrest under Evidence Code section 1101, subdivision (b). For reasons explained in the opinion, we affirm the judgment.

FACTUAL AND PROCEDURAL HISTORY

Los Angeles Police Officer Edward Zavala was an undercover officer assigned to the narcotics division. On March 26, 2004, at approximately 9:40 p.m., he was in the area of Cumpston Street and Bonner Avenue in North Hollywood to attempt to purchase narcotics from any street dealers who might be out. He saw codefendant Hector Lima and another individual sitting on a wall on the northwest corner of Cumpston and Bonner and approached Lima and asked if anyone was selling â€