York

The district attorney appeals the dismissal of a case against Silvio Ortero Sanchez, a defendant charged with attempted possession of cocaine under Penal Code section 664 and Health and Safety Code section 11350. A number of such prosecutions resulted from a “reverse sting” operation conducted by the Santa Ana Police Department, in which undercover officers posed as street sellers of cocaine in areas known for drug activity. In each case, the defendant brought a motion to dismiss based on the rule that the more specific statute of solicitation—section 653f, subdivision (d)—preempted prosecution under the more general statutes of section 664 and Health and Safety Code section 11350. The motion was granted by the trial court in this case; we reverse.

Facts

During November 1995 and January 1996, police officers posed as street cocaine sellers in certain neighborhoods of Santa Ana known for drug activity. Sanchez, noticing one of the undercover officers, walked up to him. The officer asked, “what do you want?” Sanchez said, “rock.” The officer interpreted this to mean rock cocaine, asking Sanchez to show him what money he had. Sanchez conceded that he did not have any…