People v. Patterson

MOSK, J., Concurring and Dissenting.

I dissent.

In determining whether the death in this case resulted from a felony inherently dangerous to human life, the majority attempt to draw a distinction between (1) a statute that proscribes a single course of criminal conduct that can be committed in different ways, and (2) a statute that groups together, for legislative convenience, a number of related but distinct crimes. The majority then put Health and Safety Code section 11352 (hereafter section 11352) into the latter category, carve out of its provisions the assertedly distinct felony of “furnishing cocaine,” and ask the trial court to decide whether “furnishing cocaine” is a felony inherently dangerous to human life.

In my view, however, the correct question is whether a violation of section 11352—not merely “furnishing cocaine”—is a felony inherently dangerous to human life. And the trial court has already answered that question: after reviewing our decisions on the topic, the trial court ruled that “violating section [.11352] of the Health and Safety Code [is] not so inherently dangerous that, by its very nature, it cannot be committed without creating a substantial risk that someone will be killed. And, while the felonies [charged in the case at bar] may, in many circumstances, pose a threat to human life, the commission of the crime as defined by the statute does not inevitably pose a danger to human life.” (Italics added.) The court therefore dismissed the murder count at the invitation of the prosecutor and in the interest of justice. As will appear, our precedents amply support the court’s ruling.

Shortly after this court adopted the requirement that to determine whether a felony is inherently dangerous to human life “we look to the elements of the felony in the abstract” (People v. Williams (1965) 63 Cal.2d 452, 458, fn. 5 [47 Cal.Rptr. 7, 406 P.2d 647]), we first confronted an attempt to depart from the statutory definition of the felony. In People v. Phillips (1966) 64 Cal.2d 574 [51 Cal.Rptr. 225, 414 P.2d 353], the defendant, a chiropractor, persuaded the parents of a child with eye cancer to renounce planned surgery and allow him to treat her instead by chiropractic methods, charging them for his services. When the child died the defendant was convicted of second degree felony murder, the felony being grand theft in violation of Penal Code section 484. We held that it was prejudicial error to predicate a felony-murder instruction on that offense. The Attorney General conceded that grand theft as defined in section 484 was not inherently *631dangerous to human life, but urged us to look at “the entire course of defendant’s conduct” and to characterize the crime as “grand theft medical fraud”: “this newly created ‘felony,’ he urges, clearly involves danger to human life and supports an application of the felony-murder rule.” (64 Cal.2d at p. 583.)

We rejected this attempt to “abandon the statutory definition of the felony as such” (64 Cal.2d at p. 583), explaining that “To fragmentize the ‘course of conduct’ of defendant so that the felony-murder rule applies if any segment of that conduct may be considered dangerous to life would widen the rule beyond calculation.” (Id. at pp. 583-584.) We concluded that “once the Legislature’s own definition is discarded, the number or nature of the contextual elements which could be incorporated into an expanded felony terminology would be limitless. We have been, and remain, unwilling to embark on such an uncharted sea of felony murder.” (Id. at p. 584.)

The claim we rejected in Phillips, of course, was analytically the converse of the claim made in the case at bar: in Phillips the Attorney General sought to expand the statutory definition of the felony by including elements (“medical fraud”) not incorporated therein by the Legislature; here the Attorney General seeks instead to contract the statutory definition by excluding elements (the transportation, importation, sale, etc., of controlled substances) that the Legislature did incorporate therein. But the reasoning of Phillips—that to abandon the statutory definition of the felony would embark us on “an uncharted sea of felony murder”—remains no less applicable to the present context.

The first case to so reason on facts similar to those now before us was People v. Lopez (1971) 6 Cal.3d 45 [98 Cal.Rptr. 44, 489 P.2d 1372]. There the defendant and a confederate perpetrated an escape from county jail that began nonviolently but ended in a violent and fatal assault. The defendant was convicted of second degree felony murder, the felony being escape in violation of Penal Code section 4532. Again we held it prejudicial error to predicate a felony-murder instruction on the offense in question. We began by emphasizing (6 Cal.3d at p. 50) that Penal Code section 4532 makes felonious “a great variety” of acts falling generally into the category of escapes from county or city custody, and prescribes penalties depending on whether the defendant’s conduct was violent or nonviolent.

In determining whether the felony in issue was inherently dangerous to human life, we then considered the entire statutory definition and the wide range of acts it prohibited: “the crime of escape proscribed by Penal Code section 4532 comprehends a multitude of sins. It applies to the man who is tardy in returning from a work furlough as well as to the man who obtains a

*632contraband weapon and decides to shoot his way out of jail. It applies to the committed inebriate who wanders off from a county road job in search of drink as well as to the desperate felon who seizes a hostage in order to bargain for his freedom. It applies to those who, like this defendant, fashion a rope from blankets, climb down it, and steal into the woods as well as to those who strangle a guard to obtain his key.” (6 Cal.3d at p. 51.) We reasoned that the nonviolent acts prohibited by the statute cannot logically support an imputation of malice aforethought, and concluded (id. at pp. 51-52): “Because section 4532 draws no relevant distinction between such escapes and the more violent variety, it proscribes an offense which, considered in the abstract, is not inherently dangerous to human life” (italics added and deleted, fn. omitted).

In People v. Henderson (1977) 19 Cal.3d 86 [137 Cal.Rptr. 1, 560 P.2d 1180], the defendant restrained one Reinesto at gunpoint, believing he had stolen the defendant’s television set; when Reinesto made a sudden evasive movement, the gun discharged and fatally wounded a third person. The defendant was convicted of second degree felony murder, the felony being false imprisonment in violation of Penal Code sections 236 and 237. Again we held it prejudicial error to predicate a felony-murder instruction on that offense. Section 236 generally defines false imprisonment as “the unlawful violation of the personal liberty of another”; section 237 makes the offense a misdemeanor, but elevates it to a felony if it is effectuated by “violence, menace, fraud, or deceit.”

We first reasoned that false imprisonment as generally defined in Penal Code section 236 is not inherently dangerous to human life, noting that it can be committed by words alone. Turning to felony false imprisonment as defined in Penal Code section 237, we found it manifest that the four factors that can elevate the offense to a felony “do not all involve conduct which is life endangering.” (19 Cal.3d at p. 94.) Because fraud and deceit present no such danger, we concluded that “While the elements of violence or menace by which false imprisonment is elevated to a felony may involve danger to human life, the felony offense viewed as a whole in the abstract is not inherently dangerous to human life.” (Ibid., italics added.) We thus deemed the crime to be “similar to those general offenses embracing a variety of conduct both violent and nonviolent which we have held not to be inherently dangerous to human life” (ibid.), citing People v. Lopez, supra, 6 Cal.3d 45.

We then drove the point home by rejecting the People’s contention that we should consider separately an offense denominated “false imprisonment by violence or menace.” Such an approach, we explained (19 Cal.3d at p. 95), presumes a legislative intent that the second sentence of Penal Code *633section 237 “proscribes not one, but four separate felonies depending upon the means by which false imprisonment is effected.”1 Viewing section 237 as a whole, however, we could find no basis for thus severing the crime of “false imprisonment by violence or menace” from the conduct prohibited by the statute: we reasoned (19 Cal.3d at p. 95, italics added), “The Legislature has not drawn any relevant distinctions between violence, menace, fraud, or deceit. . . . Most significantly, the Legislature has not distinguished between false imprisonment effected by violence or menace on the one hand and false imprisonment effected by nonviolent methods of fraud or deceit on the other. The Legislature has not evinced a particular concern for violent as opposed to nonviolent acts of false imprisonment by separate statutory treatment, proscription, or punishment.’’'’

Our most recent case in this series was People v. Burroughs (1984) 35 Cal.3d 824 [201 Cal.Rptr. 319, 678 P.2d 894]. Citing the foregoing decisions, we reaffirmed (at p. 830) that our task is to “determine whether the felony, taken in the abstract, is inherently dangerous to human life [citation], or whether it possibly could be committed without creating such peril.” And we reiterated (ibid., italics added) that “In this examination we are required to view the statutory definition of the offense as a whole, taking into account even nonhazardous ways of violating the provisions of the law which do not necessarily pose a threat to human life.” Applying this rule to the statute in issue in Burroughs, we held it prejudicial error to predicate a second degree felony-murder instruction on a violation of Business and Professions Code section 2053 (felony practicing medicine without a license). (Accord, People v. Caffero (1989) 207 Cal.App.3d 678, 683 [255 Cal.Rptr. 22] [felony child endangering].)

The majority seek to distinguish the foregoing authorities on the ground that in each the statute nevertheless defines an offense having a “primary element.” (Maj. opn., ante, p. 624.) The majority characterize the “primary element” in Lopez as escape, in Henderson as the unlawful restraint of liberty, and in Burroughs as the practice of medicine without a license. The majority then contend there is no such “primary element” in section 11352, but their argument in support is unpersuasive. They assert, for example, that “the elements of the crime of transporting a controlled substance bear no resemblance to those underlying the offense of administering such a substance” (maj. opn., ante, p. 624). On the contrary, the elements of the two offenses are essentially identical: the prosecution must prove that (1) *634the defendant either transported or administered a controlled substance; (2) the defendant knew that the substance transported or administered was a controlled substance; and (3) the quantity transported or administered was sufficient to be used as a controlled substance. (See CALJIC No. 12.02 (5th ed. 1988) and Use Note.)2

Stressing that “more than 100 different controlled substances” are incorporated by reference into section 11352, the majority next argue that to separately prohibit the acts of transporting, importing, selling, furnishing, administering, etc., each of those drugs “would require the enactment of hundreds of individual statutes.” (Maj. opn., ante, p. 625.) From this premise the majority infer that the Legislature included all such offenses in section 11352 simply “for the sake of convenience.” {Ibid.)

The majority’s reference to the “100 different controlled substances” is, of course, a red herring: nothing actually turns on that fact. For example, Health and Safety Code section 11360 is a parallel statute whose operative wording is identical to section 11352: it, too, prohibits the acts of transporting, importing, selling, furnishing, administering, etc., a drug—but it applies only to one substance, marijuana. If a similar case were to arise under section 11360 (e.g., an accidental death following the furnishing and ingestion of an excessive quantity of marijuana), I cannot believe the majority would refuse to apply today’s holding that “each offense set forth in the statute should be examined separately to determine its inherent dangerousness.” (Maj. opn., ante, p. 625.)3

Equally unpersuasive is the majority’s conclusion that the Legislature chose the present wording of section 11352 simply “for the sake of convenience.” This is sheer speculation, easily outweighed by rational inferences that we can and should draw under settled rules of statutory construction. Those rules are primarily two: section 11352 must be viewed in the light of both its history and its context. When so viewed, it will be seen as a deliberately crafted response by the Legislature to a single evil: trafficking in illegal narcotics.

*635This fact first emerges from the legislative history. Section 11352 punishes “every person who transports, imports into this state, sells, furnishes, administers, or gives away” or who offers to do any of the above, or who attempts to import or transport, any of certain controlled substances without a valid prescription. The first lesson we learn from the legislative history is that this list of prohibited acts is deliberate, in the sense that the Legislature adopted the list in its entirety when it first enacted section 11352, rather than piecemeal over the years. We do not deal here with “legislation by accretion,” a common process in which the Legislature first enacts a statute forbidding act A, then amends the statute from time to time to add prohibitions against acts B, C, and D, etc. (See, e.g., Pen. Code, §§ 459 [burglary], 496 [receiving stolen property].) By contrast, all the acts now listed in section 11352 were prohibited by the statute when it was first adopted in 1972. (Stats. 1972, ch. 1407, § 3, p. 3013.) The provisions were written together, and should be read together.

The second lesson of the legislative history is that section 11352 does not stand alone, contrary to the way in which the majority view it. It was enacted as one part of a sweeping revision of the laws governing legal and illegal narcotics in this state. (Stats. 1972, ch. 1407, p. 2986.) The revision repealed virtually all the laws on the subject (id., § 2, p. 2987) and replaced them with a new legislative plan called the California Uniform Controlled Substances Act (id., § 3, p. 2987). Chapter 2 of that act (id., § 3, p. 2990) listed the “controlled substances” to which it applied, and chapter 6 (id., § 3, p. 3011) listed the types of conduct that it prohibited. The first article of chapter 6 (ibid.) dealt with conduct involving the typical “hard” drugs such as opium, morphine, heroin, cocaine, and their derivatives. And the six substantive sections of that article, now codified in the Health and Safety Code, set forth six distinct aspects of such conduct that the Legislature chose to prohibit and separately punish. The legislative plan was as follows:

Section 11350: crime—for anyone to possess a controlled substance; penalty—two to ten years’ imprisonment.4
Section 11351: crime—for anyone to possess a controlled substance for sale; penalty—five to fifteen years.
Section 11352: crime—for anyone to import or transport, sell or give away a controlled substance or to offer or attempt the same; penalty—five years to life.
*636Section 11353: crime—for an adult (1) to induce a minor to violate the Uniform Controlled Substances Act or (2) to employ a minor to peddle a controlled substance or (3) to sell or give a controlled substance to a minor; penalty—10 years to life.
Section 11354: crime—for a minor to do to a minor any of the acts prohibited in the previous section; penalty—up to five years.
Section 11355: crime—for anyone to sell or furnish a nonnarcotic material while falsely representing it to be a controlled substance; penalty—-jail up to one year or prison up to ten years.5

“A statute must be construed ‘in the context of the entire statutory system of which it is a part, in order to achieve harmony among the parts.’ [Citation.]” (People v. Woodhead (1987) 43 Cal.3d 1002, 1009 [239 Cal.Rptr. 656, 741 P.2d 154] [construing a statute adopted by Prop. 8].) When section 11352 is thus construed in the context of the Uniform Controlled Substances Act, it is apparent that the Legislature intended by this section to prohibit all forms of trafficking in illegal narcotics, just as other sections of the law prohibited all forms of possession, or possession for sale, or sales involving minors, etc. “[S]ection 11350 [possession of narcotics] and section 11352 are aimed at distinct and separate aspects of the ‘war on drugs.’” (People v. Cortez (1985) 166 Cal.App.3d 994, 1001 [212 Cal.Rptr. 692].) Although section 11352 lists a number of prohibited acts, they all relate to a single legislative goal—the goal of stopping the flow of illegal narcotics in our society. By means of this list the Legislature seeks to reach the principal ways in which illegal narcotics enter and move through the community: i.e., it recognizes that narcotics can be imported into our state or can be transported within the state, and they can be sold by one person to another or can be given (or furnished or administered) by one person to another. What is true of the transportation component of section 11352 is thus true of the entire statute: it attempts “to prevent or deter the *637movement of drugs from one location to another, thereby inhibiting trafficking in narcotics and their proliferation in our society.” (166 Cal.App.3d at p. 1000, italics added.)

Speaking of the immediate predecessor of section 11352, the court in People v. Holquin (1964) 229 Cal.App.2d 398, 402 [40 Cal.Rptr. 364] stated: “Clearly, Health and Safety Code section 11501 was enacted to prevent traffic in narcotics and to prevent a narcotic from getting into the hands of those having no right to possess it. To that end the section makes it a criminal offense to effect an illegal change of possession of a narcotic, regardless of the means used to accomplish the transfer.” (Italics added.) After quoting the operative wording of the statute—identical to the list of acts now prohibited in section 11352—the court reasoned (229 Cal.App.2d at p. 402): “The language of the statute makes no distinction among the various means for change of possession; the crime is the same whether the transfer of a narcotic is accomplished by selling, furnishing, administering, or giving it away.” (Italics added.)6

In short, when viewed in the light of the legislative plan as a whole, section 11352 in effect prohibits different ways of engaging in the same targeted criminal conduct—trafficking in illegal narcotics. This conclusion is reinforced by considering the penalty provisions of section 11352. Although the penalties have been substantially reduced since the adoption of the statute in 1972, one significant factor has remained constant throughout: section 11352 has always imposed an identical punishment on any of the acts it prohibits; whichever way the defendant violates the statute—by importing or transporting, or by selling or giving away—the penalty remains the same: today that penalty is “imprisonment in the state prison for three, four, or five years.” (§ 11352.) It is difficult to believe that the Legislature would have so consistently imposed a single penalty on the conduct prohibited by section 11352 if, as the majority conclude, that conduct actually comprises a number of wholly disparate crimes.7

*638Finally, additional support for this conclusion may be found in cases construing section 11352 or its predecessors in related contexts. As noted earlier, both the complaint and the information in the case at bar charged in each of three counts that defendant violated section 11352 in that he did “transport, import into the State of California, sell, furnish, administer, and give away, and offer to transport, import into the State of California, sell, furnish, administer, and give away, and attempt to import into the State of California and transport” cocaine. An accusatory pleading that charges “more than one offense” in the same count is defective and will be set aside on demurrer. (Pen. Code, §§ 954, 1004, subd. 3.) But it has long been held (see, e.g., People v. Frank (1865) 28 Cal. 507, 513) that when a statute enumerates a series of acts of which any one can constitute a violation, several or even all the acts may properly be charged in one count because the statute nevertheless declares only “one offense.” (E.g., People v. Gosset (1892) 93 Cal. 641, 643 [29 P. 246] [only one offense stated by pleading in terms of Pen. Code, § 330, which punishes every person “who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee,” certain illegal card games for money].)

The same reasoning has been applied to a predecessor statute of section 11352. In People v. Kinsley (1931) 118 Cal.App. 593, 595 [5 P.2d 938], the information charged, in the terms of the narcotics control statute then in force, that the defendant did “sell, furnish, and give away, and offer to sell, furnish and give away,” a quantity of morphine without a prescription. Affirming the conviction, the Court of Appeal reasoned in part as follows: “The contention is made that the information which charges appellant with selling, furnishing and giving away, and offering to sell, furnish and give away morphine is fatally defective under the provisions of section 954 of the Penal Code, as stating separate offenses in the same count. The objection is not well taken, since it is apparent that the information charges appellant with the doing of various acts, any one of which or all of which constitute a single violation of the statute mentioned in the information [citations].” (Id. at p. 597, italics added.)

Nor is it necessary for the prosecution to elect, or for the court to instruct on, or even for the jury to find, which of the several possible acts the defendant committed in violating the statute. In People v. Pierre (1959) 176 Cal.App.2d 198, 199 [1 Cal.Rptr. 223], the indictment charged in the terms of a predecessor statute of section 11352 that the defendant did “sell, *639furnish and give away a narcotic, to wit, heroin.” Affirming the conviction, the Court of Appeal reasoned in part as follows: “It is asserted that the court should have instructed the jury ‘on which of the three premises: Sell, Furnish, or Give away, the prosecution relied upon.’ The judge was not required to do so. He did, however, instruct at the request of the People: ‘It is unlawful for any person to sell, furnish, administer or give away a narcotic.’ [Citation.] The indictment is couched in the language of the statute, is in the conjunctive, and the verdict is that defendant is guilty of violation of section 11500 Health & Safety Code ‘as charged in the indictment.’ In no respect is this improper procedure [citations]. The foregoing authorities also dispose of the contention that the verdict is incomplete because it does not ‘specifically find upon which of the three premises, (Sell, Furnish, or Give away), that the Statute was violated.’ ” (176 Cal.App.2d at p. 203, italics in original.)

Indeed, section 11352 is so unitary that a conviction may be affirmed even if the jury is mistaken as to which of the enumerated acts the defendant committed. In People v. Cornejo (1979) 92 Cal.App.3d 637 [155 Cal.Rptr. 238], the defendant was a middleman in a sale of heroin to an undercover police officer. As a step in the negotiations leading to that sale, the defendant gave the officer a small amount of heroin to sample. He was convicted of violating section 11352 by selling the latter sample to the officer, the jury making a special finding that in so doing he sold less than a half-ounce of heroin (see Health & Saf. Code, § 11352.5, subd. (2)). On appeal he attacked the judgment as unsupported by the evidence because there was no proof that he ever intended to sell the sample that he gave to the officer. The Court of Appeal impliedly agreed there was no such proof, but nevertheless affirmed the judgment: it reasoned that because the evidence showed that the defendant at least “furnished” or “gave” the heroin sample to the officer, the jury properly convicted him of violating section 11352 in any event. (92 Cal.App.3d at p. 660.) In so holding, the Court of Appeal in effect substituted one means of violating section 11352 (furnishing) for another (selling)—a disposition that would have been impossible if, as the majority believe, the acts prohibited by the statute were distinct crimes rather than merely different ways of committing the single offense of trafficking in illegal narcotics.

When section 11352 is thus seen in the light of its history and its place in the Legislature’s elaborate plan for controlling illegal narcotics, it is clear that the reasoning of our opinion in People v. Henderson, supra, 19 Cal.3d 86, applies to the issue before us. Here as in Henderson (id. at p. 95), “The Legislature has not drawn any relevant distinctions” between trafficking by furnishing cocaine and trafficking by importing, transporting, or selling *640cocaine—or indeed any other controlled substance. Again as in Henderson (ibid.), “The Legislature has not evinced a particular concern” for furnishing cocaine—as opposed to other forms of trafficking in that drug—“by separate statutory treatment, proscription, or punishment.” To hold otherwise, as do the majority, is to rewrite the statute in the face of plain legislative intent to the contrary. It follows that under the rule of Henderson and the related cases discussed above, the dispositive issue here is whether a violation of section 11352 as a whole is a felony inherently dangerous to human life.

That issue is not difficult to decide. As both the trial court and the Court of Appeal correctly observed, section 11352 can be violated in various ways that do not create a substantial risk of death. For example, it is violated by one who simply carries a small amount of cocaine home in his pocket for his personal use, or by a motorist who simply offers a ride in his car to a friend who he knows is carrying a similar amount of cocaine for his own use; no other act or intent need be proved for a conviction. (See, e.g., People v. Rogers (1971) 5 Cal.3d 129, 133-137 [95 Cal.Rptr. 601, 486 P.2d 129] [violation of Health & Saf. Code, § 11531]; People v. Cortez, supra, 166 Cal.App.3d 994, 997-998 [violation of § 11352].) Accordingly, as the trial court ruled, a violation of section 11352 is not “inherently so dangerous that by its very nature, it cannot be committed without creating a substantial risk that someone will be killed” (People v. Burroughs, supra, 35 Cal.3d 824, 833). Because section 11352 is not a felony inherently dangerous to human life, it cannot serve as a predicate for the second degree felony-murder rule; and because the prosecutor indicated to the court that felony murder was his sole theory on the homicide count, the court correctly dismissed that count in the interest of justice.

On a different issue, I agree that for purposes of the second degree felony-murder rule a felony inherently dangerous to human life should be defined as a felony carrying a high probability that it will result in death. In future cases that standard will contribute to greater fairness and proportion in the application of the second degree felony-murder rule. But even if the court had used that definition in the case at bar, its ruling would have been correct. The court found that a violation of section 11352 is not an inherently dangerous felony under the “substantial risk” test of Burroughs (35 Cal.3d at p. 833). Because that test is less stringent than the “high probability” standard we now adopt, it is obvious that the court would have made the same ruling under our new standard.

I would affirm the judgment of the Court of Appeal.

Broussard, J., concurred.

At the time in question Penal Code section 237 read in its entirety, “False imprisonment is punishable by fine not exceeding five hundred dollars, or by imprisonment in the county jail not more than one year, or by both. If such false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison for not less than one nor more than ten years.”

The majority cite CALJIC No. 12.07; but that ancillary instruction merely defines one of the terms (“administer”) of the primary instruction, CALJIC No. 12.02—it does not purport to prescribe an additional element of the crime itself.

At the cost of mixing metaphors, I add that the majority’s reference to the “100 different controlled substances” is also a straw man: defendant does not contend that the dangerousness of the violation of section 11352 in this case should be judged, for example, by reference to a relatively benign medication such as codeine, which is listed among the 100. (Health & Saf. Code, § 11055, subd. (b)(1)(H)). Both the complaint and the information charged defendant specifically with transporting, importing, selling, furnishing, administering, etc., “a controlled substance, to wit: cocaine.”

For each section I shall note only the penalty for first offenders. Higher penalties were imposed on recidivists.

In the years since 1972 the Legislature has added a few special narcotics crimes and changed the penalties to conform to the determinate sentencing law. In all essential respects, however, the statutory plan remains intact today. The fact that the scheme was deliberate is also demonstrated by the very next article of the Uniform Controlled Substances Act, in which the Legislature adopted a closely similar format to deal with marijuana offenses. (Stats. 1972, ch. 1407, § 3, p. 3015 [art. 2].) In that article the Legislature made it a crime to possess marijuana (Health & Saf. Code, § 11357), to cultivate marijuana (id., § 11358), to possess marijuana for sale (id., § 11359), to import or transport, sell or give away marijuana, or to offer or attempt the same (id., § 11360), and for an adult to induce a minor to use marijuana, or to employ a minor to peddle, or to sell or give marijuana to a minor (id., § 11361). As noted above, the operative wording of section 11360 is identical to that of section 11352, the statute now before us.

In People v. Daniels (1975) 14 Cal.3d 857, 861-862 [122 Cal.Rptr. 872, 537 P.2d 1232], we disapproved the particular holding of People v. Holquin, supra, 229 Cal. App.2d 398 (i.e., that furnishing a narcotic is a specific intent crime), because it was based on a misreading of two earlier decisions of this court, but we did not question the statutory analysis quoted herein-above.

I recognize that a special enhancement statute added in 1976 (Health & Saf. Code, § 11352.5, subds. (2) and (3)) allows the further penalty of a fine to be imposed on one who violates section 11352 “by selling or offering to sell” either 14.25 grams or more of heroin, or any amount of heroin if the defendant has a prior conviction of violating Health and Safety Code sections 11351 or 11352. But this enhancement statute deals only with the sale of heroin, and manifestly does not provide a separate penalty for “furnishing cocaine.” More important, this narrow exception, inserted by a later amendment, does not destroy the overall uniformity of the penalty provisions of section 11352, which mirror the recurring pattern of the Uniform Controlled Substances Act—i.e., a single range of punishment for each category of *638conduct that it declares criminal. (E.g., whichever of several possible ways an adult violates Health & Saf. Code, § 11353 with a minor, the penalty remains the same—three, five, or seven years in prison.)