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People v. Ollo

California Court of Appeals, Second District, Second Division

December 5, 2019

THE PEOPLE, Plaintiff and Respondent,
v.
TREYVON LOVE OLLO, Defendant and Appellant.

         CERTIFIED FOR PARTIAL PUBLICATION[*]

          APPEAL from a judgment of the Los Angeles County Superior Court No. KA115677, Steven D. Blades, Judge. Affirmed.

          Rachel Lederman, under appointment by the Court of Appeal for Defendant and Appellant.

          Xavier Becerra, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, and Colleen M. Tiedemann, Deputy Attorney General, for Plaintiff and Respondent.

          HOFFSTADT J.

         A criminal defendant furnishes controlled substances to another, who dies from ingesting those drugs. Is that defendant immune from criminal liability for personally inflicting great bodily injury upon the drug user by virtue of the user's voluntary ingestion of the drugs? The courts do not agree on how to answer this question: People v. Martinez (2014) 226 Cal.App.4th 1169 (Martinez) says “no, ” while People v. Slough (2017) 11 Cal.App.5th 419 (Slough) says “yes.” We conclude that Martinez has the better argument. Because we also reject the sentencing challenges raised by the defendant in this case (in the unpublished portion of our decision), we affirm.

         FACTS AND PROCEDURAL BACKGROUND

         I. Facts

         In late June 2017, Treyvon Love Ollo (defendant), then 18 years old, invited his 16-year-old girlfriend Reina over to his house. He told her that he “ha[d] some coke that [he] got last night.” Reina came over, and the couple retreated to defendant's bedroom and had sex.

         Defendant then provided Reina with a white, powdery substance that he thought was cocaine, but which had a “[weird] smell.” Reina cut the powder into lines using defendant's driver's license, and snorted it up her nose. She passed out within 30 minutes.

         As it turns out, the white powdery substance was not cocaine. It was fentanyl. Like cocaine, fentanyl is a controlled substance, but one that is 50 to 100 times more potent than heroin.

         Reina died from a fentanyl overdose later that night.

         When defendant awoke the next morning, he found her dead. At first, he tried to get a friend to help him put her corpse in an Uber to transport it to a hospital. However, when no one would agree to help, he called 911.

         II. Procedural Background

         The People charged defendant with the crime of furnishing, giving, or offering to furnish or give a controlled substance to a minor (Health & Saf. Code, § 11353). The People further alleged that defendant personally inflicted great bodily injury upon Reina (Pen. Code, § 12022.7, subd. (a)).[1]

         The jury was instructed on two possible theories of criminal liability-namely, that defendant (1) furnished or gave drugs to Reina, ...


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