People v. Jackson

Defendant was convicted by a jury of offering to sell narcotics in violation of section 11501 of the Health and Safety Code. Defendant appeals from the judgment of conviction and from the order denying his motion for a new trial. [fn. 1]

The evidence shows that defendant offered to sell heroin to Officer Lawrence, an undercover narcotics agent, that Officer Lawrence gave defendant $20, and that defendant did not deliver heroin or anything else.

[1] Defendant contends that section 11501 does not encompass an offer to sell a narcotic when nothing is delivered. It is settled, however, that delivery is not an essential element of the offense of offering to sell a narcotic. (People v. Brown, 55 Cal.2d 64, 68 [ 9 Cal.Rptr. 816 , 357 P.2d 1072 ]; People v. Shepherd, 200 Cal.App.2d 306, 311 [ 19 Cal.Rptr. 234 ]; People v. Blake, 179 Cal.App.2d 246, 253-254 [ 3 Cal.Rptr. 749 ].)

[2a] Defendant also contends that the trial court erred in giving the following instruction on specific intent: "The crime of offering to sell a narcotic consists of two elements, namely: the specific intent to make an offer to sell a narcotic and a direct act done toward the making or expression of…