P. v. Ferriero CA3
After a jury found him guilty of possession of a controlled substance for sale (Health & Saf. Code, § 11378), defendant Joseph Ferriero admitted to suffering four prior drug convictions (§ 11370.2, subd. (c)). On appeal he contends: (1) the trial court erred in failing to advise him of his Boykin-Tahl rights as well as the penal consequences of an admission before taking his admission to the prior convictions; (2) his trial counsel rendered ineffective assistance in failing to object to an officer’s testimony revealing defendant was an informant; and (3) his trial counsel also rendered ineffective assistance in failing to object to the officer’s testimony because it pertained to bona fide negotiations. Finally, in a supplemental brief, defendant contends reversal is required in light of the Legislature’s partial repeal of section 11370.2. Defendant’s final contention has merit, and we will remand for resentencing.
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