California Court of Appeal
In re Noelle, C056780
Order declaring defendant-minor ward of the court and committing her to the Department of Juvenile Justice based upon her admission of two counts of involuntary manslaughter, one count of conspiracy to sell methadone, and five counts of selling methadone is affirmed as modified where: 1) sentencing defendant to consecutive terms for each of the five sales counts was not prohibited by Penal Code section 654; and 2) by parity of reasoning with People v. Perez, minor's claim that her sole objective was to sell the pills to other juveniles at a football game was too broad for purposes of section 654 because her culpability increased with each illegal act of selling the methadone pills.
Appellate Information
- Decided 12/16/2008
- Published 12/16/2008
Judges
- MORRISON, J.
Court
- California Court of Appeal
Counsel
- For Appellees:
- Tim Warriner, under the appointment by the Court of Appeal, Sacramento, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Michael A. Canzoneri and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent.