PEOPLE v. HARD

No. A097349.

5 Cal.Rptr.3d 107 (2003)

112 Cal.App.4th 272

The PEOPLE, Plaintiff and Respondent, v. Daniel Patrick HARD, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

September 26, 2003.


Attorney(s) appearing for the Case

Joseph Baxter, under appointment by the Court of Appeal, Santa Rosa, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Violet M. Lee and John R. Vance, Jr., Deputy Attorneys General, for Plaintiff and Respondent.


SIMONS, J.

Under Health and Safety Code section 11379.8, a defendant convicted of manufacturing methamphetamine "with respect to" a substance of a certain volume containing methamphetamine earns an enhanced penalty. In this case we consider whether a defendant arrested in the early stages of the manufacturing process is subject to this volume enhancement when he possesses more than three gallons of a solvent containing...

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