Can a defendant be multiply convicted of simultaneous possession of a substance proscribed in only one section of the Health and Safety Code?
California, United States of America
The following excerpt is from People v. Bailey, E054129 (Cal. App. 2012):
4. Defendant cites to People v. Schroeder in his opening brief for the principle that "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)." True, but irrelevant when the same illicit substance is both: (1) sold, and (2) possessed for sale.
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