People v. Dove III
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
RICHLI, J.
During a traffic stop, defendant Levell Dove III was found to
have about an ounce of rock cocaine in his pocket. The jury found him not guilty of possession of cocaine base for sale (Health & Saf. Code, § 11351.5) but guilty of the lesser included offense of simple possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)). It also found him guilty of transportation of cocaine base. (Health & Saf. Code, § 11352, subd. (a).)
Although the jury had refused to find that the cocaine base was for sale, the trial court refused to find that it was for personal use. On that…
2Cases cited16 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- United States v. WattsSupreme Court of the United States · 1997
- People v. LentCalifornia Supreme Court · 1975
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