Sanchez

The district attorney appeals the dismissal of a case against Norman Lance York, 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, a motion to dismiss was raised on the basis 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, and under the facts of this case, we affirm.

Facts

During November 1995 and January 1996, police officers posed as street cocaine sellers in certain neighborhoods of Santa Ana known for drug activity. York, noticing one of the undercover officers nodding in his direction, pulled his car to the curb and rolled down the window , as the officer approached him. York uttered one word, “rock.” The undercover officer responded with “roca,” confirming that York wanted rock…