Colds

Defendant was charged with a violation of section 11379.5 of the Health and Safety Code (transportation and sale of phencyclidine). After trial by the court (trial by jury having been duly waived), he was found guilty as charged. He was sentenced to the middle term of four years. He has appealed. We affirm the conviction.

The People, both by appeal (Crim. No. 39678) and by petition for writ of mandate (Civ. No. 61729), have attacked the sentence as unauthorized, claiming that, on the record, defendant should have been given the upper term of five years. We reverse the judgment and dismiss the petition for mandate.

I

On his appeal, defendant contends only that the evidence does not support the conviction. We disagree. The case for the People was that defendant had accompanied two other men (codefendants in the case) while they discussed with undercover agents the sale of PCP in gallon lots, had accompanied his companions to a rendezvous where the purchase price was exhibited and, at the request of one of his companions, produced the PCP from a leather bag he was carrying. Defendant testified that he had accompanied the other two men to a bar, thinking only that they…