Bailey

Appellant Demeitrus Frank Bailey was charged by information and convicted by jury of possession of “rock cocaine” for sale (Health & Saf. Code, 1 § 11351.5). Appellant admitted two Penal Code section 667.5, subdivision (b) prior prison term allegations and was sentenced to six years in prison.

Relying on our recent decision in People v. Adams (1990) 220 Cal.App.3d 680 [ 269 Cal.Rptr. 479 ], appellant contends there is no substantial evidence the cocaine he possessed was base cocaine as required by section 11351.5. We affirm.

Facts

On November 9,1989, about 1 a.m., Bakersfield Police Officers Mills and Eakin observed three men, including appellant, apparently dealing narcotics in front of Nagi’s Liquor Store. The officers called for a backup unit and ordered the 3 men and 30 or 40 other individuals milling about in front of Nagi’s to sit down. Appellant and his two cohorts began walking away. As the police pursued them, appellant and another man discarded two baggies containing an off-white, chunky substance described by Officer Mills as “rock cocaine.” Criminalist Brenda Smith tested the substance in the baggies and found the first consisted of “chunky material…

I respectfully dissent from part I of the majority’s opinion holding that substantial evidence was presented by the prosecution sufficient to support the jury’s finding that defendant possessed “cocaine base” for sale.

“When the sufficiency of the evidence is challenged on appeal, the court must review the whole record in the light most favorable to the judgment to determine whether it contains substantial evidence—i.e., evidence that is credible and of solid value—from which a rational trier of fact could have found the defendant guilty beyond a reasonable doubt. [Citations.]” (People v. Green (1980) 27 Cal.3d 1 , 55 [ 164 Cal.Rptr. 1 , 609 P.2d 468 ].)

In People v. Adams (1990) 220 Cal.App.3d 680 [ 269 Cal.Rptr. 479 ], Adams was convicted of possession of rock cocaine for sale in violation of Health and Safety Code 1 section 11351.5. (Adams, supra, at p.683 .) The evidence presented at trial showed that during a search when Officer Clerico pulled on the waistband of Adams’s shorts a baggie of what the officer believed to be rock cocaine fell to the sidewalk. Six “rocks” were in the baggie. Officer Clerico was ruled to be qualified as an expert on possession of rock cocaine for…

[Opinion certified for partial publication. [*] ]

OPINION

ARDAIZ, J.

Appellant Demeitrus Frank Bailey was charged by information and convicted by jury of possession of "rock cocaine" for sale (Health & Saf. Code, [1] § 11351.5). Appellant admitted two Penal Code section 667.5, subdivision (b) prior prison term allegations and was sentenced to six years in prison.

Relying on our recent decision in People v. Adams (1990) 220 Cal. App.3d 680 [ 269 Cal. Rptr. 479 ], appellant contends there is no substantial evidence the cocaine he possessed was base cocaine as required by section 11351.5. We affirm.

On November 9, 1989, about 1 a.m., Bakersfield Police Officers Mills and Eakin observed three men, including appellant, apparently dealing narcotics in front of Nagi's Liquor Store. The officers called for a backup unit and ordered the 3 men and 30 or 40 other individuals milling about in front of Nagi's to sit down. Appellant and his two cohorts began walking away. As the police pursued them, appellant and another man discarded two baggies containing an off-white, chunky substance described by Officer Mills as "rock cocaine." Criminalist Brenda Smith tested the substance in the…