Patejdl

Carolyn Lorraine Patejdl appeals from a judgment of the court, sitting without a jury, finding her guilty of violating Health and Safety Code section 11503 (offering to sell a narcotic and selling another substance in lieu thereof).

On the morning of April 6, 1971, one Lester Webb, an agent for the Modesto Police Department involved in a narcotics “buy” program, arranged to meet appellant at about 4 p.m. at “The Don’s Bar” in Modesto for the purpose of purchasing narcotics.

Webb was equipped with a transmitter under his shirt which was supposed to have transmitted the conversation at the arranged meeting between Webb and appellant to a tape recorder located in a car occupied by two detectives of the Modesto Police Department. The car was parked across the street from The Don’s Bar and within view of Webb’s car which was parked next to the bar.

Webb entered the bar with $15 which had been furnished to him by the police department for the purpose of purchasing 10. “hits” of mescaline at $1.50 per “hit.” Upon entering the bar, Webb approached appellant and indicated that he now had the money, and appellant replied that she had the pills. Appellant and Webb then went…