P. v. McDowell
Defendants Laura M. McDowell and Ricky L. Welch (defendants) appeal from judgments entered after a jury convicted them of possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine. (Health & Saf. Code, 11383, subd. (c)(1); count 3.) Welch also appeals his conviction for possession of methamphetamine for sale ( 11378; count 2). Welch admitted his two prior drug convictions and McDowell admitted a single prior drug conviction. ( 11370.2, subd. (b).) Prior to trial, the court dismissed count 1 (manufacturing methamphetamine) against defendants under Penal Code section 995.
Welch joins in McDowells contentions and adds that there was insufficient evidence to support his count 3 conviction because there was no evidence that the amount of ephedrine or pseudoephedrine in his possession was sufficient to manufacture a usable amount of methamphetamine. Welch also challenges his sentence on count 3, arguing that the trial court erred in imposing an aggravated term based on facts not found by the jury, in violation of Cunningham v. California (2007) 549 U.S., 127 S.Ct. 856, 864, 871 (Cunningham).
Court find no error and affirm the judgments against McDowell and Welch.
Comments on P. v. McDowell