California Court of Appeal

Conviction or possession of cocaine base for sale in violation of Health and Safety Code section 11351.5, with multiple prior convictions enumerated in Health and Safety Code section 11370.2, is reversed where: 1) there was error under People v. Sanders (1988) 203 Cal.App.3d 1510, because a juror who was excused in the midst of defendant's trial was thereafter allowed to testify in the trial as a prosecution witness; and 2) the error implicated defendant's constitutional due process right to a fair trial, and the error was not harmless beyond a reasonable doubt under Chapman v. California (1967) 386 U.S. 18.

Appellate Information

• Decided 06/26/2015
• Published 06/26/2015

Judges

• BIGELOW

Court

• California Court of Appeal

Counsel