Todd

I.

Introduction

Applying the governing rule in In re Estrada (1965) 63 Cal.2d 740 [ 48 Cal.Rptr. 172 , 408 P.2d 948 ], we hold in the published portion of this opinion that defendant Myron Delin Todd is entitled to the benefit of a 1992 amendment to the drug trafficking near school yards enhancement set forth in Health and Safety Code section 11353.6, subdivision (b). The ameliorative portion of the amendment, which limits the reach of the enhancement to specified drug violations within 1,000 feet of a school to those which take place in a “public area” or “business establishment where minors are legally permitted to conduct business,” (§ 11353.6, subd. (g)) applies to defendant because the statutory change became effective before defendant’s jury trial, and “the Legislature did not preclude its effect to pending cases.” (People v. Figueroa (1993) 20 Cal.App.4th 65, 68 [ 24 Cal.Rptr.2d 368 ].) The extent of relief to which defendant is entitled in this particular case is discussed in the unpublished portion of this opinion.

II.

Procedural History

A jury convicted defendant of possession of heroin (§ 11350). It also convicted him of sale of cocaine base (§ 11352,…