P. v. Knight
A jury convicted Jess Paul Knight of possession for sale of cocaine (Health & Saf. Code, 11351), and simple possession of cocaine (Health & Saf. Code, 11350, subd. (a)). Knight waived a jury trial and the court found true allegations that he suffered a prior conviction for possession of a controlled substance (Health & Saf. Code, 11351; Pen. Code, 1203.07, subd. (a)(11)) and allegations he suffered two prior convictions within the meaning of Penal Code section 1203, subdivision (e)(4). The court denied probation and sentenced Knight to a seven-year prison term, consisting of two 3-year mid terms on the possession counts, and one year (one-third of two 3-year, concurrent mid-term sentences) for the prior convictions. On appeal, Knight contends the court abused its discretion by (1) admitting evidence of assertedly prior similar acts under Evidence Code section 1101, subdivision (b) and (2) permitting the prosecution expert witness to render an opinion on his guilt. He further contends his conviction for possession of cocaine under Health and Safety Code section 11350, subdivision (a) must be reversed because it is a lesser included offense of possession of cocaine for sale. The People concede the latter point and we agree it is appropriate to modify the judgment to reverse Knight's conviction for possession of cocaine. As so modified, Court affirm the judgment.
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