People v. Jackson

A criminal defendant complains about the sentences which he received after revocation of two grants of probation.

The judgments are affirmed, but the sentences vacated.

Statement of Facts

On three successive evenings in October 1982, defendant sold substances which he represented to be heroin to a paid police informant in the vicinity of the Kunta Kinte Hut in East Palo Alto. The first two sales involved some material which contained heroin and some which did not, and the third sale involved no heroin at all.

On April 9, 1984, about 8:45 in the evening, defendant sold a substance which he represented to be heroin to an undercover officer of the San Mateo County Sheriff’s Department in East Palo Alto. The substance which defendant sold on this occasion contained no heroin.

On June 7, 1985, about 4 in the afternoon, defendant sold cocaine to an undercover officer of the East Palo Alto Police Department in East Palo Alto.

Procedural History

The first of the three October 1982 sales resulted in defendant’s conviction by plea of a violation of Health and Safety Code section 11352 (sale of heroin) and defendant’s admission in connection with that plea of one prior prison…