Does a sentence for possession for sale have to be stayed?

California, United States of America


The following excerpt is from People v. Robbins, 103 Cal.App.3d 34, 162 Cal.Rptr. 780 (Cal. App. 1980):

Appellant contends and respondent concedes that the sentence must be stayed as to the possession for sale count. In People v. Sanders (1967) 250 Cal.App.2d 123, 58 Cal.Rptr. 259, and In re Adams (1975) 14 Cal.3d 629, 122 Cal.Rptr. 73, 536 P.2d 473, the court recognized that while possession for sale is a crime separate from transporting, where both were part of an indivisible course of conduct which has a single objective double punishment would violate Penal Code section 654.

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