Here is the scenerio:

Delivery of CS of a second Degree amount +
Drug Free Zone + 1 prior conviction=1st Degree or 15-99/Life?

Did the Controlled Substances act ever address an attempted offense since it was created after the Penal Code section that allows attempts or is it enough to have an "offer to sell".We had an exchange of money and a lot of talk but never received the drugs.Has anyone tried such a case?Seems like it could be argued that the market could change and the $100 could be only a State jail delivery vs a 2 degree delivery of 1-4 oz?

Would love to hear from all of you awsome guys who are trying engaging in org crime cases. I'm getting ready to file my first set of cases against several different gangs.My email is mwarnerda@yahoo.com. Thanks!

It depends on your DFZ (higher learning vs. regular school), but I'm guessing you are looking at a 1st degree. The DFZ will probably increase your 2nd degree range by 5 years, but the prior takes you up an entire degree. It is still important to keep the DFZ since that conviction will force the perp. to do his first 5 years day-for-day and also cannot run concurrent with any other sentence.