Is a court permitted a defendant to serve a concurrent sentence on the same drug charge for possession of multiple plastic baggies of methamphetamine?

Concurrent sentences constitute multiple punishment and are " 'precluded by [Penal Code] section 654 [citations] because the defendant is deemed to be subjected to the term of both sentences although they are served simultaneously.' " (People v. Jones (2012) 54 Cal.4th 350, 353.) "Instead, the accepted 'procedure is to sentence defendant for each count and stay execution of sentence on certain of the convictions to which [Penal Code] section 654 is applicable.' " (Ibid.) The court imposed multiple punishment by imposing a concurrent sentence on count 1. Because the same actpossessing multiple plastic baggies of methamphetaminegave rise to the charges in counts 1 and 2, the sentence violates Penal Code section 654.

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