Does the Attorney General have any authority to impose an upper term on a charge of possession of a small quantity of crack cocaine?

California, United States of America


The following excerpt is from The People v. Jones, B213353, No. MA036111 (Cal. App. 2010):

Defendant contends that because only a small quantity (about 54 grams) of crack cocaine was found in the apartment, the evidence failed to support a finding that the crime involved a large quantity of contraband. The Attorney General, on the other hand, argues that because 23.77 grams of rock cocaine was deemed sufficient to impose the upper term in People v. Goldstein (1990) 223 Cal.App.3d 465, 469, 472, the larger quantity of contraband in this case also justified the imposition of the upper term. We agree.

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