McGhee

People v. McGhee

Good Law
197 Cal. App. 3d 710·1988 Cal. App. LEXIS 11·243 Cal. Rptr. 46
Court of Appeal of CaliforniaJanuary 6, 1988F007502California1,975 words

Opinion

Opinion

Best, J.

Defendant was convicted by jury of sale of methamphetamine in violation of Health and Safety Code section 11379. He was sentenced to the state prison for the upper term of four years. In addition, the trial court imposed a restitution fine of $10,000, the maximum fine provided for under Government Code section 13967. Defendant challenges both his conviction and the imposition of the maximum restitution fine. We affirm.

The Facts

Howard Eggert, a California Highway Patrol traffic officer, was assigned to the Kings County Narcotics Task Force in Hanford as a special investí gator. On December 23, 1985, about noon, Officer Eggert, who was working undercover at the time, was introduced to defendant by a confidential informant as being interested in purchasing “crank” (methamphetamine). The meeting took place in a trailer home located at 1907 Dairy Avenue in the City of Corcoran. Eggert talked with defendant for about 10 minutes. Defendant, who was introduced as “Earnie,” told Eggert that he had only two quarter-grams of crank left. Because Eggert wanted one gram, he told defendant he would be back for a gram at $60.

On December 31 about noon, Eggert returned to the trailer…

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