In Re Noelle M.

People v. Noelle M.

Good Law
169 Cal. App. 4th 193·2008 Cal. App. LEXIS 2418·86 Cal. Rptr. 3d 663
Court of Appeal of CaliforniaDecember 16, 2008C056780California1,381 words

Opinion

Opinion

Morrison, J.

Noelle M. (the minor) appeals from an order of the Lassen County Juvenile Court declaring her a ward of the court and committing her to the Department of Juvenile Justice (DJJ) based upon her admission of two counts of involuntary manslaughter (Pen. Code, § 192, subd. (b) (counts I, II)), one count of conspiracy to sell methadone (Pen. Code, § 182, subd. (a)(1) (count III)), and five counts of selling methadone (Health & Saf. Code, § 11352, subd. (a) (counts XI-XV)).

On appeal, the minor contends the court violated Penal Code section 654 by sentencing her for both conspiracy to sell methadone and selling methadone, and by imposing separate sentences for the five counts of selling methadone. She also contends the trial court improperly calculated both her maximum period of confinement and her precommitment credits. We agree that the court erred as claimed in the minor’s first, third and fourth contentions, but disagree that she was improperly sentenced on the five sale counts.

FACTS

As to the eight counts the minor admitted, the facts are uncontested. The minor and Ryan F. conspired to steal the latter’s grandmother’s methadone pills and sell them to other juveniles at…

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