People v. Kennedy

Appellant Robert Lee Kennedy was convicted of a misdemeanor violation of Business and Professions Code section 4060 (hereafter section 4060), after he was found in possession of Valium without a prescription. Appellant contends the misdemeanor conviction must be reversed, because possession of Valium without a prescription may not be punished under section 4060. We reject this argument and affirm.

I. Facts and Procedural History

Given the nature of appellant’s claim of error, a detailed recitation of the facts is unnecessary. From an offense report, it appears that appellant was detained by police in a traffic stop on February 27, 2000. He consented to a search which disclosed three tablets of Valium, for which appellant had no prescription.

Appellant was originally charged with a felony violation of Health and Safety Code section 11350, subdivision (a). However, after appellant demurred to the information, the prosecution filed an amended three-count information. The first two counts of the amended information charged possession of the Valium as a felony violation of Health and Safety Code sections 11350 and 11377. The third count of the amended information chaíged a…