Does the possession of piperidine and cyclohexanone with intent to manufacture PCP constitute a crime of manufacture or possession of the drug for sale?

California, United States of America


The following excerpt is from People v. Goodall, 131 Cal.App.3d 129, 182 Cal.Rptr. 243 (Cal. App. 1982):

Moreover, there is another reason why count I should not be treated as an included offense of count III for purposes of Penal Code section 654. It is well established that a drug seller who sells only part of his inventory may be convicted and punished separately for the sale of part and the possession for sale of the remainder. (In re Adams, 14 Cal.3d 629, 633, 122 Cal.Rptr. 73, 536 P.2d 473; People v. Sheldon, 254 Cal.App.2d 174, 182, 61 Cal.Rptr. 778.) In this case the record supports the conclusion that appellants had manufactured PCP and that they were in possession of additional piperidine and cyclohexanone with intent to manufacture still more PCP. By analogy to the drug seller cases, it was proper to convict appellants on both counts.

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