People v. Lechlinski

Opinion

BEACH, J.

Anne Mary Lechlinski was found guilty of violating section 11355 of the Health and Safety Code.

1

She appeals from the judgment of conviction.

Facts:

On February 4, 1975, after various acts of negotiating, appellant sold to undercover Officer Leonard Doran a white powder that appeared to be

[768]

cocaine. She asked him to sample it and. was concerned that he be satisfied with the powder. However, upon chemical examination, a qualified expert found that the material tested did not contain cocaine or any other dangerous or restrictive drug.

The trial court, without directly commenting or ruling on the issue of whether specific intent was necessary for the commission of the instant crime, found appellant guilty. Appellant was placed on probation with proceedings suspended for five years; the first ten days were to be spent in county jail.

Contention on Appeal:

Appellant’s sole contention is that Health and Safety Code section 11355 is not violated without a specific intent to sell a substance other than a controlled substance.

Discussion:

The question raised by appellant has long produced diverging opinions from different districts of the Courts of Appeal and even from different divisions within a district. (See, for example,

People

v.

Medina,

27 Cal.App.3d 473 [103 Cal.Rptr. 721],

People

v.

House,

268 Cal.App.2d 922 [74 Cal.Rptr. 496],