People v. Friedlander CA4/3

Filed 6/21/24 P. v. Friedlander CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062689

v. (Super. Ct. No. 22CF0279)

GABRIEL ERIC FRIEDLANDER, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Terri K. Flynn-Peister. Affirmed in part; reversed in part, with directions. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Heather

B. Arambarri and Steve Oetting, Deputy Attorneys General, for Plaintiff and Respondent. * * * A jury found defendant Gabriel Eric Friedlander not guilty of possession of a controlled substance for sale (Health & Saf. Code, § 11378 [count 1]) and transportation of a controlled substance for sale (id., § 11379, subd. (a) [count 2]), but found him guilty on both counts of the lesser included offense of simple possession of methamphetamine, a controlled substance (id., § 11377). Friedlander’s sole argument on appeal is the trial court erred by staying the sentence on count 2 pursuant to Penal Code section 654,1 rather than vacating the conviction pursuant to section 954 because counts 1 and 2 were the same offense based on Friedlander’s possession of the same methamphetamine. The Attorney General concedes the error. We agree. The dual convictions on counts 1 and 2 violate section 954 because both convictions were based on the same conduct. Accordingly, we vacate Friedlander’s conviction on count 2. In all other respects, the judgment is affirmed. FACTS AND PROCEDURAL HISTORY During a patrol stop, deputy sheriffs from the Orange County Sheriff’s Department found approximately 30 grams of methamphetamine contained in multiple bags, as well as drug paraphernalia, in Friedlander’s vehicle. In addition to counts 1 and 2, Friedlander was charged with maintaining a false compartment in a vehicle with the intent to transport a controlled substance (Health & Saf. Code, § 11366.8, subd. (a) [count 3], and