Earls

People v. Earls

Caution
10 Cal. App. 4th 184·12 Cal. Rptr. 2d 606·1992 Cal. App. LEXIS 1150·92 Daily Journal DAR 13209·92 Cal. Daily Op. Serv. 8109
Court of Appeal of CaliforniaSeptember 28, 1992F015469California3,800 words

Opinion

Opinion

Martin, J.

Defendants Jimmy Darrel Earls and Richard Wayne Smart were charged as follows: count I— sale of cocaine on March 28, 1988 (Health & Saf. Code, § 11352, subd. (a)) (both defendants); count II—sale of methamphetamine on April 12, 1988 (Health & Saf. Code, § 11379) (defendant Earls only); count III—sale of methamphetamine on April 19, 1988 (Health & Saf. Code, § 11379) (defendant Earls only); count IV—possession of cocaine for sale on May 12, 1988 (Health & Saf. Code, § 11351) (defendant Earls only); count V—possession of methamphetamine for sale on May 12, 1988 (Health & Saf. Code, § 11378) (both defendants); count VI—conspiracy to sell cocaine and methamphetamine between March 1 and May 12, 1988 (Health & Saf. Code, §§ 11352, 11379; Pen. Code, § 182, subd. I) (both defendants); and count VII—maintenance of a place for sale or use of cocaine between March 1 and May 12,1988 (Health & Saf. Code, § 11366) (defendant Smart only). As to count I, the district attorney specially alleged defendants sold a substance containing 28.5 grams or more of cocaine or a substance containing cocaine and weighing 57 grams or more (§ 1203.073, subd. (b)(1)). As to count II, the district…

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