P. v. Shum
Defendant Michael Shum was convicted after jury trial of possession of methamphetamine for sale (Health & Saf. Code, 11378).[1] He admitted having three prior possession-for-sale convictions ( 11370.2, subd. (c)), and having served a prior prison term (Pen. Code, 667.5, subd. (b)). The trial court sentenced defendant to 11 years in state prison.
On appeal, defendant contends that: (1) the trial court prejudicially erred by failing to instruct the jury sua sponte on the lesser-included offense of simple possession; (2) the court prejudicially erred by failing to enforce defense counsels offered stipulation; (3) the court prejudicially erred while instructing the jury on the corpus delicti rule; (4) counsel rendered ineffective assistance by failing to object to gang evidence and by failing to request that the evidence be stricken; (5) counsel rendered ineffective assistance by failing to object to evidence of defendants misdemeanor conviction for spousal battery; and (6) there was prejudicial cumulative error. Court disagree with these contentions and, therefore, affirm the judgment.
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