P. v. Fluker
Defendant appeals from judgment entered following a jury trial in which he was convicted of selling a controlled substance, cocaine, in violation of Health and Safety Code section 11352, subdivision (a)) and a court trial wherein he was found to have suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a)-(d) and 667, subds. (b)-(i)). Appellants prior conviction was stricken pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and he was sentenced to the middle term of four years. He contends there was insufficient evidence that he sold cocaine. For reasons stated in the opinion Court affirm the judgment.
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