Harrison v. Board of Supervisors of San Mateo County

Defendant was charged by information with possession for sale of secobarbital in violation of section 11378 of the Health and Safety Code. He pleaded not guilty. Jury trial commenced. Part way through the case-in-chief the court granted the Peoples motion to dismiss the information insofar as it charged possession for sale of a controlled substance, retaining the lesser included charge of simple possession of a controlled substance. The People were further allowed to amend the information to substitute phenobarbital for secobarbital as the designated controlled substance. A motion for acquittal (Pen. Code, § 1118.1) was denied. The jury found defendant guilty of possession of phenobarbital (Health & Saf. Code, § 11377) as charged in the amended information. Probation was denied. Defendant was committed to the California Youth Authority. He appeals from the judgment.