Ford

People v. Ford

Good Law
110 Cal. App. 3d 986·168 Cal. Rptr. 195·1980 Cal. App. LEXIS 2282
Court of Appeal of CaliforniaSeptember 23, 1980Crim. No. 12204California379 words

Opinion

Lead Opinion

Gardner, J.

Defendant was charged with sale of heroin and possession of more than one-half ounce of heroin for sale under Penal Code section 1203.07. At the end of the prosecution’s case, the district attorney amended the information as to the Penal Code section 1203.07 allegation by alleging “sale” instead of “possession for sale.” No contention is made that the judgment is not supported by substantial evidence. Defendant’s contentions on appeal are twofold.

(1) That the trial court erred in permitting the amendment to the information. There was no error. This amendment merely conformed to proof and made the 1203.07 allegation consistent with the basic charge. Defendant was in no way prejudiced. She knew at all times that she was charged with the sale and the amendment in no way forced any change in her defense.

*988 (2) That Penal Code section 1203.07 applies only to the primary seller, not to an aider and abettor. Strangely enough, apparently no appellate decision has considered this issue.

Penal Code section 1203.07, subdivision (a)(2) reads, “Any person who is convicted of... selling. .. one-half ounce or more of a substance containing heroin.... ” receives an enhanced…

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