P. v. Gonzalez CA5
Raul Gonzalez appeals from his conviction for possession of methamphetamine for sale. He alleges the trial court erred in failing sua sponte to give an accomplice instruction and, further, erred in admitting text messages sent to him by people seeking to buy drugs. He also raises a claim of cumulative error. We conclude the trial court did not err in these respects, and, even assuming it did, the errors were harmless.
Gonzalez filed a supplemental brief after passage of Senate Bill 180, which amended Health and Safety Code section 11370.2 to abolish sentence enhancements predicated on prior convictions for various drug offenses. (Stats. 2017, ch. 677, § 1.) Gonzalez argues the amendment applies retroactively to his case, requiring us to strike the enhancement imposed by the trial court pursuant to former Health and Safety Code section 11370.2. The People concede the point, and we agree with the parties.
Comments on P. v. Gonzalez CA5