P. v. McNally
John Robert McNally appeals from the judgment after a jury convicted him of possession for sale of a controlled substance (heroin) (Health & Saf. Code, 11351), giving false information to a police officer (Pen. Code, 148.9, subd. (a)), and resisting a peace officer (Pen. Code, 148, subd. (a)(1)). The trial court found that appellant had suffered three prior convictions for possession of controlled substances for sale (Health & Saf. Code, 11370.2, subds. (a) & (c)) and imposed an aggregate sentence of nine years state prison. Appellant argues that the trial court erred in denying his motion for new trial because the evidence only supports a conviction for possession of heroin for personal use, not possession for sale. (Pen. Code, 1181(6).) Court affirm.
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