Is a conviction for simple possession of meth for sale invalid?
California, United States of America
The following excerpt is from The People v. Oldham, 81 Cal.App.4th 1, 96 Cal.Rptr.2d 343 (Cal. App. 2000):
The People properly concede that Oldham's count 2 conviction for simple possession of meth must be vacated or reversed because it is necessarily included in the greater offense of possessing the same substance for sale based on the same evidence. (People v. Pearson (1986) 42 Cal.3d 351, 355; People v. Magana (1990) 218 Cal.App.3d 951, 954.)
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