In Re Terry H.
People v. Terry H.
Opinion
Opinion
Hollenhorst, J.
Terry H., a minor, appeals his conviction of violating Health and Safety Code section 11680 (possession of an imitation controlled substance), challenging the application and constitutionality of such section.
Facts
On December 18, 1993, Riverside County Deputy Sheriff John Powers went to defendant’s home in response to a call regarding possible narcotics at that location. On the kitchen counter were 10 zip-lock baggies, each of which appeared to contain 2 “hits” (blotter paper size dosages) of what the deputy recognized to possibly be LSD (lysergic acid diethylamide). He also saw $50 in cash and pay/owe sheets.
Defendant was read his Miranda rights and after waiving such rights, in the presence of his parents, told the deputy that the blotter papers were “fake” LSD he was selling in order to make money. He said that he had paid $5 for each sheet, which he represented as containing three hits. He intended to sell it as “fake LSD” at $2 per square, expecting to make a total profit of $585.
Pursuant to an amended petition filed under Welfare and Institutions Code section 602, the Riverside County District Attorney charged defendant with violating section 11680. It was…