Harvey

People v. Harvey

Good Law
193 Cal. App. 3d 767·1987 Cal. App. LEXIS 1935·238 Cal. Rptr. 516
Court of Appeal of CaliforniaJuly 16, 1987A035248California2,747 words

Opinion

Opinion

Barry-Deal, J.

On appeal from a judgment of conviction for cultivation of marijuana and a sentence of two years’ imprisonment, appellant John Terrance Harvey contends that the court erred when it refused to continue his sentencing hearing and when it considered certain facts in reaching its sentencing decision. We find no error and affirm the judgment.

Procedural Background

On November 18, 1985, a complaint was filed charging appellant and his codefendant, Debra Ann Cavnar, with cultivation of marijuana (count I) and possession of marijuana for sale (count II). (Health & Saf. Code, §§ 11358, 11359.) On April 16, 1986, pursuant to a negotiated disposition, appellant entered a plea of guilty to the crime charged in count I, count II was dismissed as to each defendant, and Ms. Cavnar was permitted to apply for diversion.

On May 12, 1986, the court sentenced appellant to the middle term of two years’ imprisonment for cultivation of marijuana. This timely appeal followed.

Facts

The probation report contains the following facts, which appellant does not dispute.

On September 27, 1985, Ms. Cavnar and appellant had been living together for about two years. Officer Vem Huggins of the…

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