Monday, August 6, 2012

Drug Offense Sentencing


Case Name: People v. Beard , District: 3 DCA , Case #: C066320

Opinion Date: 7/13/2012    , DAR #: 9629

Case Holding:

A Health   and Safety Code section 11370.2 enhancement for a prior drug conviction is not   subject to the one-third limit of Penal Code section 1170.1. Appellant   was convicted of several offenses and sentenced to an aggregate term of 22 years   in state prison. The term included a drug offense plus an enhancement pursuant   to Health and Safety Code section 11370.2. The consecutive penalty for the drug   offense was calculated at one-third the middle term pursuant to Penal Code   section 1170.1, subdivision (a), with the drug enhancement imposed to run   full-term consecutive, for an additional three years. Affirmed. Health and   Safety Code section 11370.2 is a status enhancement related to the offender, as   compared to an enhancement related to the manner of the commission of the crime.   The latter falls within the provisions of section 1170.1, subdivision (a), such   that a consecutive sentence will be calculated at one-third. The status   enhancement, on the other hand, does not fall within section 1170.1 and a   consecutive sentence will be full-term.
Felony drug offenses can carry a large amount of prison time. It is in your best interest to hire a lawyer who is experienced with handling all levels of drug offenses. From mere possession to sales cases, you need an attorney who will be able to negotiate the complex system of criminal court, and felony sentencing. If you have been arrested for a misdemeanor or felony drug case in California, oyu need a lawyer who has the experience to zealously defend your rights.

Contact Attorney George Derieg today for a free consult.
www.eastbayattorney.com
510-355-2747

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