Innes

Defendant, Melinda Innes, was charged in one count of an information with the offense of selling and offering to sell “a restricted dangerous drug, to-wit: LSD,” and in a second count with the offense of selling and offering to sell “a restricted dangerous drug, to-wit: Mescaline,” each a violation of Health and Safety Code section 11912; was tried by the court without a jury; was found “guilty on both counts”; was granted probation; and appeals.

We affirm the conviction of the offense of offering to sell Mescaline; find unmeritorious defendant’s contentions on appeal as respects that conviction; and reverse the conviction of the offense of selling Mescaline and the offense of offering to sell and selling LSD, upon the ground the evidence is insufficient to sustain these convictions.

The offense of offering to sell and selling LSD and the offense of offering to sell and selling Mescaline, although both involve restricted dangerous drugs and both are violations of Health and Safety Code section 11912, are separate offenses. (People v. Seaberry, 260 Cal.App.2d 507, 510 [ 67 Cal.Rptr. 182 ]; see also People v. Lockwood, 253 Cal.App. 2d 75, 82 [ 61 Cal.Rptr. 131 ].)

On…