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Name: People v. Gonzalez
Case #: A099987
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 03/24/2004
Subsequent History: Rev. den. 6/16/04

Health and Safety Code section 11366.8, which prohibits possession of a false compartment with the intent to store or conceal a controlled substance, does not require evidence showing that the original compartment was modified or fabricated. The defendant here challenged his conviction under this section where the evidence showed that drugs were stored in the air conditioning vent and behind a speaker in a Ford Thunderbird. Because neither area was intended for storage, and because the air conditioning vent had been modified slightly, the court found that substantial evidence supported the defendant’s conviction under section 11366.8. The…

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Name: People v. Hard
Case #: A097349
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 05/27/2003
Subsequent History: None

The enhancement under Health and Safety Code section 11379.8 increases punishment for a manufacture of methamphetamine "with respect to" a substance of a certain volume containing methamphetamine. The court rejected defendant’s contention that the enhancement applied only to a substance produced during the manufacture and did not apply to a substance possessed for later use in the process. Here defendant’s possession of more than three gallons of a solvent containing methamphetamine to be used in the final stage of production to purify crystalized methamphetamine satisfied the…

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Name: People v. Smith
Case #: B142943
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/10/2002
Subsequent History: Rev. granted 9/11/02: S108309. Depublished.

In a sting operation , the police arranged to leave 85 kilograms of cocaine in a house, which appellants loaded into a van and backed down the driveway, where they were stopped by police. Appellants were properly convicted of theft because the govenment consented only to a temporary taking in the sting operation. However, where the police have discretion in the amount of drugs to use in a sting operation, and select an amount for no other reason to maximize the defendant’s sentence, the police have acted in a mannor so fundamentally unfair as to deny the defendant…

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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.

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…

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Name: People v. Phillips
Case #: H020377
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/16/2001
Subsequent History: Modif. on den. rehg. with no change in jmt. 6/7/01; Rev. Granted 9/12/01 (S099017)

Editor's note: Review granted. Nearly 989 grams of cocaine were found in one bedroom and 24 grams of cocaine base were found in another. The court rejected the contention that the two batches could be aggregated to reach the one kilogram quantity enhancement of Health and Safety Code section 11370.4, subdivision (a). The "substance" referred to in the statute must be one of the enumerated…

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