Camp

This court is asked to consider whether a person may be validly convicted of a violation of section 11377 of the Health and Safety Code, possession of a controlled substance, in this case phencycledine (PCP) without proof of the quantity possessed. We conclude that such a conviction is proper and affirm the judgment of conviction in this case.

Procedural History

Defendant was charged with violation of section 11377. She pleaded not guilty. Her Penal Code section 1538.5 suppression motion was denied and the case proceeded to a trial by jury. At the conclusion of the People’s case, defendant moved for a judgment of acquittal pursuant to Penal Code section 1118.1. The motion was denied and she presented her defense. A guilty verdict was returned and following appropriate procedure defendant was sentenced. She appealed to the appellate department of the superior court (Los Angeles) which affirmed her conviction. A motion for rehearing was denied, but the appellate department certified the case to this court on the issue stated at the beginning of this opinion. (Cal. Rules of Court, rules 63(a), (b), (c).) We accepted the certification and ordered the case transferred to…