P. v. Seals
Filed 6/13/06 P. v. Seals CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. MICHAEL IZELL SEALS, Defendant and Appellant. | A110016 (Lake County Super. Ct. No. CR032292) |
Defendant was convicted of transportation of cocaine and possession of cocaine base. The arresting officers testified that while they were performing a probation search of defendant, he placed a wad of plastic in his mouth and attempted to swallow it. The plastic was later found to contain cocaine base. Defendant, testifying in his own defense, claimed that the officers framed him with the cocaine in an effort to recruit him as an informant.
Defendant contends that his attorney provided ineffective assistance by failing to move in limine to prevent the prosecution's use of several of defendant's prior convictions to impeach his testimony. He also contends that the trial court committed prejudicial error by instructing the jury on CALJIC No. 2.28. We affirm.
I. BACKGROUND
Defendant was charged in an information filed July 12, 2004, with one count each of transportation of cocaine (Health & Saf. Code, § 11352, subd. (a)), possession of cocaine for sale (Health & Saf. Code, § 11351), and possession of cocaine base for sale (Health & Saf. Code, § 11351.5). The information also alleged that defendant had suffered one prior strike conviction (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and had served two prior prison terms (Pen. Code, § 667.5, subd. (b)).
Deputy Sheriff John Rynhart testified that he was patrolling the City of Clearlake very early on the morning of February 5, 2003, with another officer, Lyle Thomas. The officers watched defendant drive his car into the parking lot of a motel and pulled in after him. As defendant left the car and began walking, Rynhart stopped him and asked for his driver's license. Defendant told the officer he did not have a driver's license, but he produced a Department of Corrections identification card. Realizing that defendant was on parole, Rynhart searched him. The officer located a â€
