If a defendant is convicted of possession of two or more "batches" of a single controlled substance under section 654 of the California Controlled Substitute Act, can he receive a concurrent or consecutive sentence?

California, United States of America


The following excerpt is from People v. Cruz, F063811 (Cal. App. 2013):

14. Even if this were not the case, the simultaneous possession of two or more "batches" of a single type of controlled substance would still only be one physical act. (See People v. Schroeder, supra, 264 Cal.App.2d at pp. 227-228.)

15. The fact that the sentences were concurrent rather than consecutive does not bring them into compliance with section 654. (See People v. Deloza, supra, 18 Cal.4th at pp. 591-592 ["If, for example, a defendant suffers two convictions, punishment for one of which is precluded by section 654, that section requires the sentence for one conviction to be imposed, and the other imposed and then stayed. [Citation.] Section 654 does not allow any multiple punishments, including either concurrent or consecutive sentences. [Citation.]"]. See also Branch, supra, 119 Cal.App.2d at p. 496.)

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