People v. Clayton

Opinion

ELKINGTON, J.

Defendant Alvin Clayton, Jr., was charged in an information with a violation of Health and Safety Code section 11501 (transportation of a narcotic). He was found “guilty of the offense charged in the Information on file herein, a violation of section 11500 of the Health and Safety Code.” (Italics added.) Section 11500 proscribes possession (not transportation, as does section 11501) of certain narcotics. We construe Clayton’s conviction to be of “possession” of a narcotic (§ 11500) an offense lesser than, and included within, the charge of the information. Clayton was…