People v. Blake

Opinion

SCOTLAND, Acting P. J .

Defendant Gregory Alan Blake was convicted of multiple offenses, including transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and transportation of marijuana (Health &

[511]

Saf. Code, § 11360, subd. (a)). He was sentenced to an aggregate term of six years, four months in state prison.

On appeal, defendant contends that, because he transported both drugs in his car at the same time, the trial cotut violated Penal Code section 654 (hereafter section 654) when it imposed sentences for both transportation convictions. We disagree.

As we shall explain, the evidence supports a reasonable inference that defendant had separate objectives in transporting the methamphetamine and marijuana in that he intended to sell them to different customers. Therefore, section 654 does not preclude conviction and imposition of sentence for both transportation offenses. Accordingly, we shall affirm the judgment.

Discussion

During a search of defendant’s car, an officer found numerous items of contraband and evidence indicating defendant was involved in the sale of illicit drugs. Among the things seized were a jar containing methamphetamine, which was found in the left fender well of the car, and a “PVC” pipe containing marijuana, which was in a separate hidden compartment in the vehicle.

At the time of sentencing in this case, section 654 provided in pertinent part: “An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one[.]” (Stats. 1977, ch. 165, § 11, p. 644.)

Citing

In re Adams

(1975) 14 Cal.3d 629 [122 Cal.Rptr. 73, 536 P.2d 473], defendant claims section 654 precluded “active sentences on both transportation charges[.]” However,

In re Adams

is readily distinguishable.