People v. Reed (2005)

In People v. Reed (2005) 129 Cal.App.4th 1281, the court considered whether an attempted narcotics conviction was grounds for an enhancement. The statute at issue imposed enhancements for certain crimes and conspiracy to commit certain crimes, but did not include attempts to commit certain crimes, which are offenses "separate" and "distinct" from the completed crimes. (Reed, at p. 1283.) The Court of Appeal relied on authorities observing that "Penal Code section 667.8 . . . does not expressly include attempted commission of its enumerated offenses within its ambit, which we must assume is an intentional choice of the Legislature." (Reed, at p. 1284.) Because the express language of the statute did not include any enhancements for attempted crimes, which are distinct from completed crimes or crimes of conspiracy, Reed held the enhancement imposed pursuant to the appellant's prior attempt was inappropriate.