P. v. Daniels
Arlance Dion Daniels appeals from the judgment entered following his conviction by jury on count 1 possession of a controlled substance (Health & Saf. Code, 11350, subd. (a)) and count 2 possession of a smoking device (Health & Saf. Code, 11364) with admissions that he suffered a prior felony conviction (Pen. Code, 667, subd. (d)) and five prior felony convictions for which he served separate prison terms (Pen. Code, 667.5, subd. (b)). The court sentenced him to prison for six years.
On the merits, even if disclosure was required under Penal Code section 1054.1, subdivision (f), the prosecutor disclosed the anticipated testimony as soon he learned about it; therefore, no discovery violation occurred. Even if a discovery violation occurred, appellant never sought the usual remedy, a continuance, and exclusion of the anticipated testimony would have been improper since other remedies had not been exhausted. Finally, there was no prejudice from any discovery violation; therefore, reversal of the judgment is not warranted.
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