Does Section 654 of the Penal Code section 654 apply when dealing with possession for sale of a large quantity of drugs?

California, United States of America


The following excerpt is from People v. Zamudio, B247216 (Cal. App. 2014):

As to Count 2, the trial court correctly concluded that Penal Code section 654 did not apply.9 The court explained, "the multiple array of drugs make the defendant a more dangerous and marketable drug dealer . . . . [S]ection 654 does not apply when talking about possession for sale of many different drugs and the defendant can be sentenced for sale each of the individual drugs and consecutive terms are imposed herein." (See, e.g. People v. Barger (1974) 40 Cal.App.3d 662, 672.) The trial court proceeded to sentence defendant to one-third the midterm, to be served consecutively. (Pen. Code, 1170.1.)

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