People v. Kennedy

Opinion

STEVENS, J.

Appellant Robert Lee Kennedy was convicted of a misdemeanor violation of Business and Professions Code section 4060 (hereafter section 4060), after he was found in possession of Valium without a prescription. Appellant contends the misdemeanor conviction must be reversed, because possession of Valium without a prescription may not be punished under section 4060. We reject this argument and affirm.

I. Facts and Procedural History

Given the nature of appellant’s claim of error, a detailed recitation of the facts is unnecessary. From an offense report, it appears that appellant…