People v. Moret

RICHMAN, J., Concurring.

I concur in the result reached by Justice Haerle that the judgment be affirmed. I write separately, however, to say that I would refrain from the discussion in the last five pages of Justice Haerle’s opinion, the pages discussing Health and Safety Code section 11362.795, subdivision (a), the “relatively new statute” that he asserts “further . . . supports” what the trial court did here, and the statute addressed in part V of Presiding Justice Kline’s dissent. I do not think that statute is a necessary or appropriate subject, for two reasons.

First, and fundamentally,…