People v. Mijares

Opinion

MOSK, J.

A jury found defendant Andrew Mares Mijares guilty of possession of heroin in violation of section 11500 of the Health and Safety Code. He admitted two prior felony convictions, one of possessing and one of furnishing heroin, and was therefore sentenced to prison for the 15-year minimum term prescribed by law.1 He appeals from the judgment of conviction.

The principal question presented is whether the act of handling a narcotic for the sole purpose of disposal constitutes “possession” within the meaning of section 11500. We do not here reach the question of whether the sentence…