P. v. Benson
A jury found appellant guilty of possessing cocaine (Health & Saf. Code, 11350, subd. (a); count one) and possessing less than 28.5 grams of marijuana (Health & Saf. Code, 11357, subd. (b); count 3.) The jury also found appellant not guilty of resisting or obstructing a peace officer in the discharge of the officers duties. (Pen. Code, 148, subd. (a)(1)); count 2.) Appellant presented no defense to the marijuana possession charge.[1] As to the count two cocaine possession charge, appellant did not dispute the evidence showing that he was in possession of 14 milligrams of a substance containing cocaine. His unsuccessful defense was that he did not possess a usable amount of a substance containing cocaine. The court placed appellant on three years probation pursuant to Penal Code section 1203.1b, subdivision (a) and imposed various fines and penalty assessments, as well as $40 per month in probation supervision costs.
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