Fondron

Appellant Charles Ellis Fondron appeals from his conviction at trial by jury of possession for sale of a controlled substance, phencyclidine (PCP), in violation of Health and Safety Code section 11378.5.

Statement of Facts

At approximately 8:50 a.m. on April 7, 1982, Kern County Deputy Sheriff Hackney was dispatched to the 1100 block of East Planz Road in Bakersfield, the location of the Silver Dollar Bar and Grill. When he arrived, Hackney saw appellant Charles Fondron standing out in front of the building in the unlittered, dirt parking lot. Appellant “matched the description that a citizen had called in regarding a complaint.” Hackney saw no one other than appellant in the area. He stopped his patrol unit and started to walk toward appellant. When Hackney yelled at him, appellant turned toward him. Appellant made no attempt to run. Hackney conducted a “pat-down” search because he recognized appellant “as the person I knew to be Charles Fondron.”

“[Ajlmost simultaneously” to Hackney’s arrival on the scene, Sergeant Joe Orman, also a Kern County deputy sheriff, arrived, proceeding from the opposite direction as Hackney. Orman observed Hackney exit his patrol unit,…