P. v. Pope
A jury convicted defendant and appellant Shirley Marie Pope of one count of possession of cocaine base for sale. (Health & Saf. Code, 11351.5, count 1.) The trial court found true the enhancement allegations that defendant had two prior narcotics convictions within the meaning of Health and Safety Code section 11370.2, and that she had served four prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). The court sentenced defendant to four years on the substantive offense, two consecutive three year terms on the prior narcotics convictions, and four consecutive one year terms on the prison priors, for a total term of 14 years in state prison.
On appeal, defendant contends that: 1) the trial court abused its discretion under Evidence Code section 352 by admitting evidence of a prior drug conviction; 2) the court erred in failing to strike a police officers opinion testimony that went to an ultimate fact that the jury was supposed to decide; and 3) the court abused its discretion in declining to strike one of the prior narcotics enhancements. Court affirm.
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