California Court of Appeal

Sentence for conviction of possession of cocaine base for sale in violation of Health and Safety Code section 11351.5, with admission of multiple prior convictions enumerated in Health and Safety Code section 11370.2, is reversed where: 1) under People v. Sanders (1988) 203 Cal.App.3d 1510, a juror who was excused in the midst of defendant's trial was thereafter erroneously allowed to testify in the trial as a prosecution witness; and 2) this 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 08/06/2015
• Published 08/06/2015

Judges

• ROBIE

Court

• California Court of Appeal

Counsel