Can a defendant appeal against his conviction for possession of cocaine hydrochloride rather than cocaine base for purposes of sale within the meaning of Health and Safety Code section 11352.5?

California, United States of America


The following excerpt is from People v. Howell, 226 Cal.App.3d 254, 276 Cal.Rptr. 454 (Cal. App. 1990):

Citing People v. Adams, supra, 220 Cal.App.3d at pp. 688-690, 269 Cal.Rptr. 479, defendant contends that his conviction may not be reduced to the less serious offense of possession of cocaine for purposes of sale within the meaning of Health and Safety Code section 11352. At no time in the trial court, did appellant ever object to the evidence and argument which indicated that he possessed cocaine hydrochloride rather than cocaine base for purposes of sale. Accordingly, defendant's due process claim is not properly before this court. As noted previously, in the municipal court, defendant was charged with possession of cocaine within the meaning of Health and Safety Code section 11351. Although the information refers to Health and [226 Cal.App.3d 262] Safety Code section 11351.5, the presentation of testimony, instructions, and argument to

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