People v. Pollard CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The prosecution charged defendant with furnishing a controlled substance (Health & Saf. Code, § 11352, subd. (a)) and misdemeanor unlawful disposal of human remains (Health & Saf. Code, § 7054, subd. (a)(1)). The prosecution alleged circumstances in aggravation for the furnishing a controlled substance count, including the crime “involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness”; the victim was particularly vulnerable; defendant induced others to participate in the commission of the crime; the crime involved a large quantity of contraband; and the controlled substances were furnished to a person in psychological treatment. (Cal. Rules of Court, rule 4.421(a), (c); rule citations that follow are to the California Rules of Court.) The prosecution later withdrew the allegations as to the quantity of the contraband and the victim’s psychological treatment. At trial, police testified they found the victim lying on the ground in a parking lot with takeout food containers beside him. The victim was not breathing. A forensic pathologist testified the…