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Name: People v. Oakley
Case #: C070776
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/28/2013

Enhancement for prior drug conviction applies to defendant who transports drugs for personal use. Oakley was convicted of criminal charges including transportation of methamphetamine. He was sentenced to 11 years in state prison, which included a three year term for a prior drug conviction (Health & Saf. Code, § 11370.2). One issue raised on appeal was whether the enhancement applied when the commitment offense involved transportation for personal use. Held: Affirmed. The enhancement is related to the defendant’s repeat-offender status, not to the nature of his conduct in committing the current offense. The plain language of section 11370.2 makes the enhancement applicable to anyone who transports methamphetamine and who has one of the enumerated priors; it makes no exception for transportation for personal use.