Meyer

Defendant was charged with violating Health and Safety Code section 11104 (selling methylamine with knowledge that the purchaser will use the chemical to unlawfully manufacture a controlled substance). At the close of the prosecution’s case, defendant moved for acquittal pursuant to Penal Code section 1118.1. The trial court denied de fendant’s motion and permitted the prosecution to reopen its case to amend the information to charge defendant with an attempted violation of section 11104. Defendant then presented his defense. The jury convicted defendant of attempting to sell methylamine in violation of section 11104.

The trial court suspended imposition of sentence and granted defendant probation for a period of three years on condition that he serve one-hundred eighty days in jail. Defendant appealed.

We are not persuaded by defendant’s contentions on appeal (1) that he could not properly be convicted of an attempt to sell methylamine in violation of section 11104 based on a sale to a paid police informant and (2) that the poor quality of a police tape recording of the transaction constituted reversible Hitch error. (People v. Hitch (1974) 12 Cal.3d 641 [ 117…