People v. McDaniel

Opinion

CLARK, J.

— Defendant was convicted of violation of Health and Safety Code section 11355. The judgment must be reversed.

Defendant contends the trial court erred in instructing the jury that one violates section 11355 if he offers to sell a controlled substance and then offers to deliver another substance in lieu thereof. The case law, defendant asserts, requires actual delivery of the substitute. This contention lacks merit. The statute expressly provides that the crime defined by it is committed by one who offers to sell a controlled substance “and then . . . offers ... to have . . .…