California, United States of America
The following excerpt is from People v. Hernandez, A149851 (Cal. App. 2018):
also be separately punished"]. Thus, the trial court here properly applied section 654 to stay the sentence under count 1 for transportation of the same controlled substance for the possession of which sentence was imposed under count 2. The trial court was equally correct that transportation of a different controlled substance does not constitute the same act under section 654. While People v. Corpening, supra, 2 Cal.5th 307 makes clear that section 654 applies if two convictions are based on commission of the same act, the case does not overturn the longstanding understanding that possession of different drugs normally involves the commission of different acts. And certainly the transportation of one drug does not constitute the same act as possession of a different drug.
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