In what circumstances will a defendant receive a reduced sentence for providing drugs to a minor in exchange for money?

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]

Other Questions


Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing? (California, United States of America)
Can a defendant who served a prior prison sentence for non-sexually violent crimes receive additional enhancements to his sentence under section 12022.6 of the California Criminal Code when his sentence is not yet final? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
Is a defendant's sentence for assault reduced to a reduced sentence under section 667.5 of the California Penal Code? (California, United States of America)
Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
In a personal injury case, in what circumstances will a defendant have his sentence reduced to a minimum sentence? (California, United States of America)
Can a defendant who is currently serving a felony sentence for a crime that has been reduced to a misdemeanor under Proposition 47, under what circumstances can they appeal against their sentence? (California, United States of America)
In what circumstances will a prosecutor be allowed to induce a defendant to plead guilty in exchange for a reduced sentence? (California, United States of America)
Is a trial court's failure to provide a statement of reasons for sentencing a defendant to a sentence that would have changed the sentence? (California, United States of America)
Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.