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PEOPLE v. DIAZ

No. B117350.

78 Cal.Rptr.2d 315 (1998)

The PEOPLE, Plaintiff and Respondent, v. Hugo Espinoza DIAZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

Review Denied January 13, 1999.

Attorney(s) appearing for the Case

Marsha D. Kennedy, under appointment by the Court of Appeal, Port Hueneme, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, William T. Harter, Supervising Deputy Attorney General, Noah P. Hill, Deputy Attorney General, for Plaintiff and Respondent.

GILBERT, Associate Justice.

Here we hold, among other things, the failure to instruct on the presumption of innocence in a criminal case is not reversible per se.

Hugo Espinoza Diaz appeals from the judgment entered following a jury trial in which he was convicted of possessing methamphetamine for sale. (Health & Saf.Code, § 11378.) The trial court also found true that he had served two prior prison terms. (Pen. Code, § 667.5, subd. (b).)

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