P. v. Simon
Defendant, upon spotting an approaching police car, tried to jettison a package of rock cocaine. The police officer in the car, however, could see this action quite clearly. He retrieved the cocaine and arrested defendant.
Defendant was found guilty of possession of a controlled substance. (Health & Saf. Code, 11350, subd. (a).) Five 1-year prior prison term allegations (Pen. Code, 667.5, subd. (b)) and two strike prior allegations (Pen. Code, 667, subds. (b)-(i), 1170.12) were found true. Defendant was sentenced to a total of 30 years to life in prison. In this appeal, defendant contends:
1. Giving CALJIC No. 2.06 (Efforts to Suppress Evidence) violated due process because this instruction is argumentative and, on the facts of this case, irrational.
2. The trial court erred by denying defendants Romero motion.
3. The sentence constituted cruel and unusual punishment.
Court find no error. Hence, court affirm.
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