How does section 11370.4 of the California Code of Criminal Procedure apply?

California, United States of America


The following excerpt is from People v. Howard, 33 Cal.App.4th 1407, 39 Cal.Rptr.2d 766 (Cal. App. 1995):

Cases construing section 11370.4 conclude or imply imposition of the enhancement depends "upon a measurement of the amount of cocaine involved." (People v. Price (1989) 210 Cal.App.3d 1183, 1193, 259 Cal.Rptr. 282; People v. Pieters (1991) 52 Cal.3d 894, 903, 276 Cal.Rptr. 918, 802 P.2d 420 [section 11370.4 enhancement properly imposed based upon the weight of a mixture containing the drug and not merely by the weight of the pure drug itself].)

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