PEOPLE v. KENNEDY

No. A091491.

110 Cal.Rptr.2d 203 (2001)

91 Cal.App.4th 288

The PEOPLE, Plaintiff and Respondent, v. Robert Lee KENNEDY, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

August 2, 2001.


Attorney(s) appearing for the Case

Meredith J. Watts, under appointment by the Court of Appeal for Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, René A. Chacón, Supervising Deputy Attorney General, San Francisco, Kelly M. Cross, Deputy Attorney General, for Respondent.


STEVENS, J.

Appellant Robert Lee Kennedy was convicted of a misdemeanor violation of Business and Professions Code section 4060 (hereafter, section 4060), after he was found in possession of Valium without a prescription. Appellant contends the misdemeanor conviction must be reversed, because possession of Valium without a prescription may not be punished under section 4060. We reject this argument and affirm.

I. FACTS AND PROCEDURAL HISTORY

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