People v. Hard

Opinion

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 methamphetamine to be used in the final stage of the process to purify crystallized methamphetamine. Defendant argues that the volume enhancement applies only to a…