California, United States of America
The following excerpt is from People v. Slough, 11 Cal.App.5th 419, 217 Cal.Rptr.3d 598 (Cal. App. 2017):
Here, there is no such direct factual connection between the furnishing of the drugs and the user's ingestion. Appellant handed off drugs to Zermeno in exchange for money. After that, they each went their separate ways. In Martinez , the defendant repeatedly supplied drugs to the victim while observing her increasing intoxication; the furnishing was akin to administering. Appellant, by contrast, played no part in Zermeno's ingestion of the drugs. He neither performed nor participated in the act that directly inflicted the injury, so the GBI enhancement cannot apply. (People v. Cole , supra , 31 Cal.3d at p. 571, 183 Cal.Rptr. 350, 645 P.2d 1182.)3 Because the trial court's decision to impose the low term was premised upon the imposition of the enhancement that is now being stricken, we remand for resentencing.4
[217 Cal.Rptr.3d 603]
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