People v. Zavala

Defendant Arthur Zavala appeals from the judgment of conviction after he and his codefendant Ruth Ann Jennings were found guilty by the jury of a violation of Health and Safety Code sections 11500.5 and 11530 (possession of heroin for sale and possession of marijuana, respectively).

Appellant’s contentions on appeal are threefold: That the trial court erred in allowing testimony and comment on his refusal to take a Nalline test “when the accused was not advised [of] his constitutional right to refuse and to remain absolutely silent”; that “remote and highly prejudicial circumstantial testimony…