Drugs: Difference between revisions
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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 | ||
==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. | |||
Revision as of 02:39, 20 June 2023
Weight Enhancement
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.