People v. Medina

Opinion

MOLINARI, P. J.

This is an appeal by defendant from a judgment entered pursuant to a jury verdict finding him guilty of violation of two counts of section 11503 of the Health and Safety Code. Section 11503 makes it unlawful to offer to sell a narcotic and to deliver some substance in lieu of a narcotic.

The evidence adduced at the trial disclosed that defendant on two occasions sold five capsules, which he represented to be “mescaline,” to an undercover narcotics agent. Upon analysis none of these capsules contained a narcotic or a restricted dangerous drug. One of the criminologists who…