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Name: People v. Duran
Case #: H021112
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/21/2001
Subsequent History: Rehg. 1/14/01. Rev. denied 3/13/02.
Summary

The trial court erred in instructing an enhancement for drug quantity could be imposed if a defendant was involved in the planning or execution of a conspiracy to manufacture methamphetamine. Health and Safety Code section 11379.8, which provides for such an enhancement does not contain such language, and instead refers to the direction or supervision or significant portion of the financing of the underlying offense. However, under Health and Safety Code section 11379.8, the quantity enhancement can apply to manufacture of methamphetamine, of which appellant was also convicted, but that enhancement had been stayed. The court remanded to allow the trial court to decide whether to impose the enhancement on that count.