People v. Rubacalba

Opinion

ARABIAN, J.

In a prosecution for possession of cocaine, is testimony as to the concentration of cocaine within the sample relevant to the question whether the amount of the substance is sufficient to be “used as a controlled substance”?

I. Facts

Los Angeles Police Officer Patrick Ullum testified that on July 5, 1990, he observed defendant look in the officer’s direction, then turn away. Defendant raised his right hand towards his mouth, and dropped “an off-white object” that resembled rock cocaine. Defendant’s actions were consistent with trying to discard the object. Officer Ullum seized…