Henson
People v. Henson
Opinion
Opinion
Ardaiz, J.
Introduction
Julie Ann Henson was a passenger in an open convertible stopped for a moving violation on August 2, 1989. Certain plain-view observations by the detaining officers eventually led to the discovery of methamphetamine and marijuana in Henson’s purse. She was charged by information with (count I) a felony violation of Health and Safety Code section 11378 (possession for sale of methamphetamine) and (count II) a misdemeanor violation of Health and Safety Code section 11357, subdivision (b) (possession of not more than 28.5 grams of marijuana).
Following a court trial on March 19, 1990, Henson was convicted of the lesser included felony offense of a violation of Health and Safety Code section 11377, subdivision (a) on count I (possession of methamphetamine) and the misdemeanor violation of Health and Safety Code section 11357, subdivision (b) charged in count II. At sentencing, the trial court suspended imposition of sentence and admitted Henson to probation. As a condition of felony probation, appellant was ordered, inter alia, to “[p]articipate in an AIDS Education program pursuant to Section 1001.10 of the Penal Code -”