California Court of Appeal

A factual finding that a defendant did not possess or transport a controlled substance for personal use, for purposes of Proposition 36 sentencing, can be made by the trial court under a preponderance of the evidence standard.

Appellate Information

• Decided 11/15/2004
• Published 11/15/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Linda Casey Mackey, Bonita, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Meagan J. Beale, Supervising Deputy Attorney General, and Lise Jacobson, Deputy Attorney General, for Plaintiff and Respondent.