Q: Can someone explain what it means by do not use on an old case of mine?
These are from 2010
Count 1 [Type/F] **DO NOT USE, USE HS 11379(A)>2021** / DISM - FURTH. OF JUSTICE
Count 2 [Type/M] (DO NOT USE - INVALID 11/5/14) POSSESS CONTROLLED SUBSTANCE / PLED GUILTY - 859A PC
A:
Based on the information you provided, it seems that you have a criminal case from 2010 with two counts:
Count 1: This count was initially charged under a certain code section (which is not clearly specified in the details you provided). However, the note "DO NOT USE, USE HS 11379(A)>2021" suggests that this original charge should not be used or referenced. Instead, it should be replaced with a charge under California Health and Safety Code Section 11379(a), effective from 2021 onward. The count was ultimately dismissed in the furtherance of justice.
Count 2: This count was for possession of a controlled substance, which is typically a misdemeanor offense in California. The note "(DO NOT USE - INVALID 11/5/14)" indicates that this charge should not be used or referenced because it became invalid as of November 5, 2014. For this count, you pleaded guilty under Penal Code Section 859a, which allows for a plea of guilty or nolo contendere (no contest) during the initial court appearance.
In summary, the "DO NOT USE" notation suggests that the original charges or codes used in your 2010 case should not be referenced or used due to changes in the law or other reasons. The valid charge for Count 1 should be under Health and Safety Code Section 11379(a) from 2021 onward, while Count 2 is no longer valid as of November 5, 2014.
If you have any further questions or concerns about your case, it is advisable to consult with a criminal defense attorney who can provide you with more specific guidance based on the details of your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
