Can a defendant be multiply convicted of simultaneous possession of a substance or its derivatives proscribed in only one section of the Health and Safety Code?

California, United States of America


The following excerpt is from People v. Harris, 139 Cal.Rptr. 778, 71 Cal.App.3d 959 (Cal. App. 1977):

However, a defendant cannot be multiply convicted of simultaneous possession of a substance or its derivatives proscribed in only one of the subdivisions of Health and Safety Code section 11001 (now 11019). For [71 Cal.App.3d 970] example, in People v. Schroeder, supra, 264 Cal.App.2d 217, 228--229, 70 Cal.Rptr. 491, the court held that appellant therein had been improperly charged and convicted of too many offenses in that counts one and two fell within subdivision (a) of Health and Safety Code section 11001 and counts three through nine fell within the category of subdivision (b) of that section. The appellant therein should have been convicted of only two separate offenses instead of nine.

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