ARMSTRONG v. SUPERIOR COURT

Docket No. D010830.

217 Cal.App.3d 535 (1990)

265 Cal. Rptr. 877

DONALD WILLIAM ARMSTRONG, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

January 24, 1990.


Attorney(s) appearing for the Case

COUNSEL

Francis J. Bardsley, Public Defender, Richard P. Siref and Evelyn W. Goldman, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Thomas F. McArdle and Paul M. Morley, Deputy District Attorneys, for Real Party in Interest.


OPINION

BENKE, Acting P.J.

Defendant Donald William Armstrong, petitioner herein, was arrested on a charge of possessing a controlled substance for sale in violation of Health and Safety Code section 11378. The arrest grew out of a controlled purchase during which he paid for the narcotics but never received actual physical possession of the contraband. The question petitioner raises is whether under such circumstances he can be said...

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