Bencomo

Procedural Background

In an information filed March 23, 1984, appellant Robert Bencomo was charged with conspiracy to sell and possession of cocaine for sale, in violation of Penal Code section 182, and Health and Safety Code sections 11351 and 11352, respectively, between the dates of January 17, 1984, and February 13, 1984 (count I). Appellant was also charged with the sale of cocaine, in violation of Health and Safety Code section 11352 on February 6, 1984 (count II), and with possession for sale of one kilo of cocaine on February 13, 1984, in violation of Health and Safety Code section 11351 (count HI).

In connection with count II, it was further alleged that in the commission of the offense, appellant and a codefendant, Gordon Miller, possessed for sale approximately one pound (in excess of 28.5 grams) of cocaine within the meaning of section 1203.04, subdivision (b)(1). It was also further alleged in connection with count III that appellant possessed one ounce and more of cocaine (one kilo) for sale within the meaning of section 1203.04, subdivision (b)(1).

Appellant was arraigned and entered a plea of not guilty. He subsequently filed two motions to suppress…