P. v. Hunter
A jury convicted Defendant of selling and furnishing a controlled substance (Health and Saf. Code, 11352, subd. (a), count one); possession of cocaine base for sale (Health and Saf. Code, 11351.5 and 11350, subd. (a), counts two and three); and unlawful possession of drug paraphernalia. (Health and Saf. Code, 11364, count five.) As to count three, the jury found true the allegation that the offense was committed while he was released from custody on bail. (Pen. Code, 12022.1, subd. (b).) The jury acquitted him of a charge of unlawful failure to appear. ( 1320.5; count four.)
Defendant contends: (1) with respect to counts one and two, the court erred by admitting into evidence photocopies of the buy money that was not provided to the defense before trial; (2) with respect to count three, the criminalist's report was testimonial, and therefore its introduction into evidence violated his right to confrontation under the Sixth Amendment of the United States Constitution; (3) the trial court erred by instructing regarding flight in the language of CALJIC No. 2.52; (4) the trial court imposed a parole revocation fine in an unauthorized amount; and, (5) the upper term sentence on count three violated his constitutional rights to a jury trial and due process under the Sixth and Fourteenth Amendments of the federal Constitution. Court affirm in part and reverse in part.
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