P. v. Jaffray
Defendant, the girlfriend of a prison inmate, Williams, was convicted by jury verdict of unlawfully possessing marijuana at a prison (Pen. Code, 4573.6; count 1) and of bringing marijuana to an inmate in prison ( 4573.9; count 2). The trial court sentenced her to five years of probation. On appeal, defendant contends (1) the trial court erred by admitting expert testimony because the witness was not qualified as an expert and because his testimony was based on speculation, (2) the trial court erred by permitting the jury to hear a recording of a telephone call between defendant and Williams and to receive a transcript of the call without the courts first determining the audibility of the recording and the accuracy of the transcript, and (3) insufficient evidence supported the convictions because it was inherently improbable under the circumstances that the inmate porter was able to insert drugs into his rectum. Defendant also contends her counsel provided ineffective assistance by failing to object to the expert testimony, to the admission of the telephone conversation transcript, and to Portillos testimony of what he saw on the surveillance tapes. Finding no merit in these assertions, court affirm the judgment.
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