Earls
People v. Earls
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…