P. v. Duncan
A jury convicted defendant Andre Lovon Duncan of selling cocaine base and resisting arrest. (Health & Saf. Code, 11352, subd. (a) [transportation, sale, or distribution]; Pen. Code, 1203.073, subd. (b)(7), 148, subd. (a)(1) [resisting, delaying, obstructing].) After the verdict, defendant admitted that he had a prior conviction for selling drugs and had served a prison term. (Health & Saf. Code, 11352, 11370.2, subd. (a), 11370, subds. (a) & (c).) The court imposed a term of four years for selling cocaine base, a consecutive three-year term for the prior drug conviction, a consecutive one year term for the prior prison term, and a concurrent six-month jail term for resisting arrest. On appeal from the judgment, defendant claims the court erred in granting a mid-trial continuance, admitting evidence of an uncharged prior drug sale, failing to instruct jurors to view evidence of an admission by him with caution, and restricting cross examination of a prosecution witness. He also claims defense counsel provided ineffective assistance in failing to object to the continuance and evidence of his prior drug conviction. Court affirm the judgment.
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