March 18, 2006, 10:27
Martha W. WarnerLab weoght with combined coke and meth
This is the first time I've had both coke and meth in one of my exhibits form the lab. How are you Charging?
I already have enough to get to a 1st degree on poss with intent to deliver for the other cocaine found on the defendant but only a 2nd degree on the meth.I hate to let 6.61 gms of coke amd meth go ??????Thanks for the help
March 18, 2006, 10:47
Martin PetersonMaybe I am unclear on what was possessed. You already have some amount of cocaine (apparently more than 200 grams) and then a separate quantity of a mixture of cocaine and meth possessed at the same time and place? I am not sure you can split the quantities by containers. But, if the idea is to charge >200 g of coke and 6 g of meth, then it should make no difference that the meth mixture also contains cocaine. You can either ignore that fact in the indictment (since "controlled substance" is defined "as aggregate weight of
any mixture, solution, or other substance containing a controlled substance") or allege the second substance was "methamphetamine and cocaine", which is still a different controlled substance from "cocaine". See
Lopez, 108 S.W.3d at 298.