Perez
People v. Perez
Opinion
Opinion
Kline, J.
Introduction
Nancy Ann Perez appeals following her conviction after jury trial of sale of phencyclidine (Health & Saf. Code, § 11379.5) and simple possession of the drug. (Health & Saf. Code, § 11377, subd. (a).) She contends that the court erred in refusing her request for a medical evaluation under Welfare and Institutions Code section 3051 to determine her addiction or imminent danger of addiction to narcotics and her suitability for commitment to the California Rehabilitation Center (CRC) for narcotics treatment.
Facts
On April 16, 1986, an undercover police officer encountered appellant at the comer of 24th and Mission Streets and asked her if she knew where he could buy cocaine. Appellant replied, “No. I have killers.” “Killers” is a term for PCP-based cigarettes. Appellant sold the officer a PCP cigarette for $25. Upon her arrest, appellant handed the officers another PCP cigarette from the front of her pants. At trial, appellant admitted both the sale and the possession, but claimed that the cigarettes were for her personal use. She asserted she had sold the cigarette to the officer because she was afraid of him and wanted him to stop bothering her.