Legal Question in Criminal Law in California

My boyfriend is charged with 11379

11378 poss/sale/tran under 1oz h&s

11379(a) sales/trans/dist less1oz h&s

667.5(b) prison prior within 5 yr

667.5(b) within 5 yr cont

667.5(b) prison prior within 5 yr but is trying to fight the 11379

11378 poss/sale/tran under 1oz h&s

11379(a) sales/trans/dist less1oz h&s charges he had less then 1 gram but it was made into 4 baggies what do you think will happen ?


Asked on 7/22/11, 3:31 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

I 'think' he'll end up in prison for a number of years, possibly 25-to-Life if the DA can prove two prior strikes. His attorney's job will be to keep that below the full max the DA is going to try for. If serious about hiring counsel to do so, feel free to contact me.

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Answered on 7/22/11, 3:54 pm
Joe Dane Law Office of Joe Dane

I don't know where the possibility of 3 strikes and a 25-life sentence comes from based on what you wrote.

He's looking at up to 4 years for the 11379 plus one additional year for each separate prison prior. If he has prior convictions for 11378, 11379, 11351 or 11352, he could get an additional 3 years for each prior.

Nobody can predict what will happen. He needs a good attorney to represent him and review all the facts, along with any legal defenses he may have (search issues, etc.).

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Answered on 7/22/11, 4:22 pm


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