Drugs - Revision history

Sysop at 21:45, 30 March 2024

2024-03-30T21:45:25Z

← Older revision		Revision as of 21:45, 30 March 2024
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	Pen. Code § 1170(h)]: Causing GBI or a substantial probability of death while		Pen. Code § 1170(h)]: Causing GBI or a substantial probability of death while
	violating subdivisions (a), (b), or (c) pertaining to hazardous waste.		violating subdivisions (a), (b), or (c) pertaining to hazardous waste.


			''People v. Slough'' (2017) 11 Cal.App.5th 419

			''People v. Martinez'' (2014) 226 Cal.App.4th 1169

			''People v. Otto'' (2021) 11 Cal.5th 682

Sysop: /* Weight Enhancement */

2023-06-20T02:57:29Z

Weight Enhancement

← Older revision		Revision as of 02:57, 20 June 2023
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	People v. Arango (1993) 12 Cal.App.4th 450, but see People v. Tirado (2022) 12 Cal.5th 688		People v. Arango (1993) 12 Cal.App.4th 450, but see People v. Tirado (2022) 12 Cal.5th 688


			====Cocaine====
			Health and Safety Code section 11370.4(a): A conviction of section 11351,
			11351.5, or 11352 (or conspiracy to violate them) with regard to heroin,
			cocaine base, or cocaine enhanced as indicated in the following table.
			Health & Saf. Code
			§ 11370.4(a) Exceeds by Weight Enhancement
			(1) 1 kilogram 3 years
			(2) 4 kilograms 5 years
			(3) 10 kilograms 10 years
			(4) 20 kilograms 15 years
			(5) 40 kilograms 20 years
			(6) 80 kilograms 25 years
			- No proof is needed that the defendant had knowledge of the weight
			involved. (People v. Coria (1999) 21 Cal.4th 868; People v. Meza (1995) 38
			Cal.App.4th 1741.) The weight enhancement is not applicable where the
			defendant offered to sell an amount sufficient for the enhancement but
			actually sold less. (Valenzuela v. Superior Court of Los Angeles County (1995)
			33 Cal.App.4th 1445.) Conviction under a conspiracy theory does not
			require the police in a sting operation to have the required amount available
			for sale. (People v. Howard (1995) 33 Cal.App.4th 1407 [cert. for part.
			pub.].)
			- It is permissible for a criminalist to use “probability extrapolation” to
			determine weight. (People v. Peneda (1995) 32 Cal.App.4th 1022 [cert. for
			part. pub.].)

			====Meth====
			Health and Safety Code section 11370.4(b): A conviction of section 11378,
			11378.5, 11379, or 11379.5 (or conspiracy to violate them) with regard to
			methamphetamine, amphetamine, phencyclidine (PCP), and analogs enhanced
			as indicated in the following table.

			ealth & Saf. Code
			§ 11370.4(b)
			Exceeds by Weight
			or Volume Enhancement
			(1) 1 kilogram or 30 liters 3 years
			(2) 4 kilograms or 100 liters 5 years
			(3) 10 kilograms or 200 liters 10 years
			(4) 20 kilograms or 400 liters 15 years
			- The code section provides that the enhancement applies to conspiracy to
			violate either subdivision only if the defendant is substantially involved in
			planning, directing, executing, or financing the underlying offense.


			Health and Safety Code section 11372(a): This section provides for a
			$20,000 fine for conviction of section 11350, 11351, 11351.5, 11352, 11353,
			11355, 11359, 11360, or 11361, and an enhanced fine as follows:
			- An additional $1 million if an additional term is imposed pursuant to
			section 11370.4(a)(1).
			- An additional $4 million if an additional term is imposed pursuant to
			section 11370.4(a)(2).
			- An additional $8 million if an additional term is imposed pursuant to
			section 11370.4(a)(3).

	==GBI enhancement==		==GBI enhancement==

Sysop at 02:39, 20 June 2023

2023-06-20T02:39:01Z

← Older revision		Revision as of 02:39, 20 June 2023
Line 4:		Line 4:

	People v. Arango (1993) 12 Cal.App.4th 450, but see People v. Tirado (2022) 12 Cal.5th 688		People v. Arango (1993) 12 Cal.App.4th 450, but see People v. Tirado (2022) 12 Cal.5th 688

			==GBI enhancement==
			Health and Safety Code section 11379.7(b) [+ 5 years]: GBI suffered by a
			child under 16 during the commission or attempted commission of a violation
			of sections 11379.6(a) or 11383 as those sections relate to methamphetamine
			or phencyclidine.
			• Health and Safety Code section 11379.9 [+ 1 year]: Death or GBI suffered
			by anyone during the commission or attempted commission of a violation
			of sections 11379.6(a) or 11383 as those sections relate to methamphetamine
			or phencyclidine. This enhancement does not preclude punishment under
			section 187, 192, or 12022.7 in lieu of this enhancement.
			• Health and Safety Code section 25189.5(e) [+1, 2, or 3 years pursuant to
			Pen. Code § 1170(h)]: Causing GBI or a substantial probability of death while
			violating subdivisions (a), (b), or (c) pertaining to hazardous waste.

Sysop: Created page with " ==Weight Enhancement== People v. Arango (1993) 12 Cal.App.4th 450, but see People v. Tirado (2022) 12 Cal.5th 688"

2022-03-11T14:19:42Z

Created page with " ==Weight Enhancement== People v. Arango (1993) 12 Cal.App.4th 450, but see People v. Tirado (2022) 12 Cal.5th 688"

New page

==Weight Enhancement==

People v. Arango (1993) 12 Cal.App.4th 450, but see People v. Tirado (2022) 12 Cal.5th 688