P. v. Munoz-Guerrero CA4/3
Angel Munoz-Guerrero was arrested and convicted for possession and transportation of methamphetamine for sale. He was given probation. On appeal he raises one major issue concerning prosecutorial misconduct and one minor issue regarding Penal Code section 1464 assessments on the two $50 laboratory analysis fees he was ordered to pay.
While we recognize the issue of possession for sale was a close one for the jury, the issue of the prosecutor’s “misconduct” amounted to nothing more than a de minimis misstatement about the respective origins of the defense expert’s referrals – whether 75 percent of them came from the Orange County Public Defender’s office as distinct from public defender’s offices in general. That comment did not constitute misconduct and did not mar the fairness of the trial.
The minor issue on the penalty assessment on the lab fee was settled by the Supreme Court after briefing closed. The issue did not go Munoz-Guerrero’s way. Lab analys
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