Little

People v. Little

Bad Law
115 Cal. App. 4th 766·2004 Cal. App. LEXIS 155·2004 Daily Journal DAR 1467·9 Cal. Rptr. 3d 446·2004 Cal. Daily Op. Serv. 1179
Court of Appeal of CaliforniaFebruary 9, 2004H024757California5,644 words

Opinion

Opinion

Wunderlich, J.

I. Statement of the Case

A jury convicted defendant Deric Lamar Little of possessing more than 57 grams of methamphetamine for sale, misdemeanor child endangerment, misdemeanor using or being under the influence of a controlled substance, and misdemeanor possession of drug paraphernalia. (Health & Saf. Code, §§ 11378, 11550, subd. (a), & 11364; Pen. Code, §§ 273a, subd. (b), & 1203.073, subd. (b)(2).) Thereafter, the court found true allegations that defendant had four prior felony convictions for possession for sale or transporting methamphetamine. (Pen. Code, § 1203.07, subd. (a)(ll); Health & Saf. Code, § 11370.2, subd. (c).) The court imposed the three-year aggravated term for possession for sale, a consecutive three-year enhancement for one of the prior convictions, and concurrent 90-day jail terms for the misdemeanors. The court dismissed the three remaining prior convictions in furtherance of justice. (See Pen. Code, § 1385.)

On appeal from the judgment, defendant claims there is insufficient evidence to support his misdemeanor conviction for child endangerment. He also challenges his misdemeanor conviction for being under the influence on the ground that the…

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