May

People v. May

Good Law
1990 Cal. App. LEXIS 662·221 Cal. App. 3d 836·270 Cal. Rptr. 690
Court of Appeal of CaliforniaJune 25, 1990F012972California1,230 words

Opinion

Opinion

Thaxter, J.

In Stanislaus Superior Court case No. 243633, a jury convicted Darlene May of possessing cocaine base in violation of Health and Safety Code section 11350. She was subsequently found to have violated the terms of her felony probation in case No. 234382. The matters were sentenced together; May received the middle term of two years in case No. 243633, and a consecutive sentence of one-third the middle term (eight months) in case No. 234382. Her sole contention on appeal is that the trial court failed to state reasons for imposition of the consecutive term. Respondent concedes error but contends that it was harmless. We agree with respondent and will affirm the judgment.

In case No. 243633, the trial court denied probation based on May’s prior record, the fact that she had not done well previously on probation, and the fact that she was on probation for another drug offense when the instant offense was committed. After imposing the middle term and denying her request for possible civil commitment to a narcotics treatment facility pursuant to Welfare and Institutions Code section 3051, the court stated: “In action number 234382, for the same reasons stated probation is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.