13 October 2023 |
People v. H. B., Case #: CN416079:
People v. H. B., Case #: CN416079: Prosecuted for (1) Transporting for Sale a Controlled Substance (Methamphetamine), (Ca Health & Safety Code sec. 11379(a) with Ca Health & Safety Code sec. 11370.4(2) allegation of transporting over 4 kilograms of Methamphetamine in weight which carries a 10 yr + consecutive sentence); and (2) Possessing for Sale a Controlled Substance (Methamphetamine), (Ca Health & Safety Code sec. 11370.4(2) allegation of possessing over 4 kilograms of Methamphetamine in weight which carries a 10 yr + consecutive sentence.) (3) Allegation of Possessing more than 28 grams in weight of Methamphetamine , (Ca Penal Code 1203.073(b)(2) . which carries automatic prison (presumption). Probation Office’s Pre-Sentence Report recommended 7 years in actual prison. Disposition: No ‘in-jail’ Custody! After extensive litigation and mitigation arguments by use of legal memorandum we avoided prison and client was sentenced to Probation with House Arrest for 6 months.