P. v. Estes
Defendant was convicted at jury trial of the sale of cocaine base (Health & Saf. Code, 11352, subd. (a)), which occurred during a March 3, 2004, undercover buy operation conducted by the San Jose police in the Fountain Alley area, which Sargent Kevin Abruzzini, an expert on drug sales, described as the last of the open air drug markets . . . [in] San Jose. Defendant was sentenced to three years in state prison.
Defendant appeals, contending that the trial courts denial of his motion for disclosure of the details of the surveillance and the location of the surveilling officer violated his rights to due process, confrontation, and cross-examination under both the federal and California state Constitutions. He requests that this court review the sealed portion of the transcript of the hearing on the motion to ensure that [his] due process rights were protected by the trial courts ruling and the remedy provided and implemented. The People agree and Court have reviewed the transcript.
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