People v. Van Alstyne
Opinion
Opinion
Cobey, J.
John Anthony Van Alstyne appeals from a judgment of conviction of sale of marijuana, a violation of Health and Safety Code section 11360, following a nonjury trial. The appeal lies. (Pen. Code, § 1237, subd. 1.)
Appellant contends that: (1) there is insubstantial evidence to sustain his conviction; (2) the conviction should be reversed because police entrapment led to the commission of the crime; and (3) certain incriminating testimony was admitted in violation of his Miranda rights.
In a supplemental brief appellant calls our attention to the fact that under the California Uniform Controlled Substances Act (Health & Saf. Code, § 11000, et seq.) thé term “marijuana” refers expressly only to the plant “Cannabis sativa L.” (Health & Saf. Code, § 11018.) Appellant contends that his conviction must therefore be reversed on the further ground that there is no evidence that the marijuana involved in his case was Cannabis sativa L. as opposed to one of the other species of marijuana, viz., Cannabis indica, Cannabis ruderalis, Cannabis gigantea, and a species not yet named but located in Afghanistan. (See United States v. Walton (D.C. Cir. 1975) 514 F.2d 201, 202 .)