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California Health And Safety Code Section 11353.4

Legal Research Home > California Lawyer > Health and Safety Code > California Health And Safety Code Section 11353.4

(a) Any person 18 years of age or older who is convicted
for a second or subsequent time of violating Section 11353, as that
section applies to paragraph (1) of subdivision (f) of Section 11054,
where the previous conviction resulted in a prison sentence, shall,
as a full and separately served enhancement to the punishment imposed
for that second or subsequent conviction of Section 11353, be
punished by imprisonment in the state prison for one, two, or three
years.
   (b) If the second or subsequent violation of Section 11353, as
described in subdivision (a), involved a minor who is 14 years of age
or younger, the defendant shall, as a full and separately served
enhancement to any other enhancement provided in this section, be
punished by imprisonment in the state prison for one, two, or three
years, at the discretion of the court.
   (c) The additional punishment provided in this section shall not
be imposed unless the allegation is charged in the accusatory
pleading and admitted by the defendant or found to be true by the
trier of fact.
   (d) The additional punishment provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
   (e) Notwithstanding any other provision of law, the court may
strike the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment.

Last modified: January 12, 2009