West

The People appeal from the order setting aside an information alleging that respondent Edgar Vernon West (West) possessed cocaine and served a prior separate prison term (Health & Saf. Code, § 11350; Pen. Code, § 667.5, subd. (b)), and dismissing the action under Penal Code section 995. The trial court expressed the view that the police use of previously seized narcotics in a reverse sting operation to catch other users and dealers was in violation of relevant sections of the Health and Safety Code and that such unlawful conduct could not support a prosecution of defendants snared by such “egregious behavior.” We hold that the trial court’s conclusions were incorrect and that the case against West was improperly dismissed. We therefore reverse.

Facts and Procedural History

On January 5, 1989, just after 4:30 p.m., undercover Pasadena Police Officer Darryl Qualls (Qualls) was selling rock cocaine in a “reverse sting” operation with the Pasadena Police Department’s Neighborhood Task Force. He had obtained the cocaine from a Sergeant Kirkpatrick, who retrieved it from the Pasadena Police Department evidence locker. He had “numerous pieces” of rock cocaine. The pieces were…