Westbrook

A grand jury indicted Earl Frank Westbrook on 24 counts of trafficking in, manufacturing and marketing methamphetamine. Count 23 of the indictment charged Westbrook and 10 other people with unlawfully manufacturing methamphetamine (Health and Saf. Code, § 11379.6, subd. (a)) between February 21 and 22, 1992. This charge included allegations the substance containing methamphetamine exceeded three gallons of liquid by volume (§ 11379.8, subd. (a)(1)) and ten pounds of solid substance by weight (§ 11379.8, subd. (a)(3)). Under the provisions of a plea bargain, Westbrook pled guilty under People v. West (1970) 3 Cal.3d 595 [ 91 Cal.Rptr. 385 , 477 P.2d 409 ] to count 23 and admitted the “three pound weight allegation.” He stated he understood as a consequence of his plea he could receive a maximum penalty of 12 years in prison and a $20,000 fine.

Westbrook later moved to dismiss or vacate his conviction based on a claim he had twice been put in jeopardy because of civil asset forfeiture cases brought against him by the federal government. The court denied the motion. The court also denied his motion to strike the enhancement, which he based on an argument the substance…