Alexander
People v. Alexander
Opinion
Opinion
Chang, J.
Issue
Did the Legislature’s inadvertent elimination of the sanctions against selling phencyclidine (PCP) cause a prosecution for such sales that had not yet reached final judgment to abate? As we explain, the answer is no.
Statement of the Case
Defendants Gregory Pina and Joanne Alexander appeal from judgments entered after a court trial in which they were found guilty of possession for sale and sale of PCP (Health & Saf. Code, §§ 11378.5, 11379.5).
Facts & Procedural History
On March 29 and again on April 2, 1984, undercover narcotics officers for the San Jose Police Department bought a bindle of PCP from defendants at their residence. On April 28, police returned and arrested them. At that time, both defendants consented to an immediate search of the premises, during which police found 6 to 7 PCP cigarettes and 21 grams of PCP, with an estimated street value of $1800 to $2300.
In October a preliminary examination was held, and on November 5, 1984, defendants were arraigned in the Santa Clara County Superior Court on an information charging them with possession for sale and sale of PCP. Both defendants pleaded not guilty.