California Court of Appeal

Defendant Keith was convicted of cocaine base possession for sale and cocaine base transportation or sale, and was sentenced to eight years in county jail. The judgment of conviction is affirmed but the sentence is reversed, where: 1) under In re Estrada, the reduced punishment for cocaine base possession for sale applies to Defendant Keith; and 2) the 2014 amendment to Health and Safety Code section 11351.5 mitigates punishment, there is no savings clause, and the judgment against Keith is not yet final, and so the amended version of the statute applies to him.

Appellate Information

• Decided 04/06/2015
• Published 04/06/2015

Judges

• Turner

Court

• California Court of Appeal

Counsel