Martin
People v. Martin
Opinion
Opinion
Flier, J.
Following appellant Demond Anthony Martin’s arrest for unrelated reasons, cocaine base was found on his person during a prebooking search. He was convicted of possession of a controlled substance, in violation of section 11350, subdivision (a) of the Health and Safety Code (section 11350(a)). His sentence was two years in prison, doubled for one prior strike conviction. He contends: (1) As the charge and the evidence concerned possession of cocaine base, but the jury found him guilty of possession of cocaine, there is insufficient evidence to support his conviction. (2) Review is required of the in camera proceedings held pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ] (Pitchess). We reject appellant’s first issue for several reasons, including that there was sufficient evidence that he possessed a controlled substance, he waived any problem over the distinction between cocaine and cocaine base, and he suffered no prejudice from that distinction. We further find no error in the Pitchess proceedings. We therefore affirm appellant’s conviction.
DISCUSSION
1. The Conflicting References to Cocaine and Cocaine Base