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PEOPLE v. BRIONES

No. B195452.

167 Cal.App.4th 524 (2008)

THE PEOPLE, Plaintiff and Respondent, v. RAYMOND P. BRIONES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Richard E. Holly, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Ryan B. McCarroll, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, P.J.

—Defendant is convicted of two counts of possession of drugs for sale, each count for a different drug. He is also convicted of two additional counts of conspiracy to possess those drugs for sale.

Here we conclude defendant may be convicted for only one act of conspiracy to possess drugs for sale. And because the conspiracy and drug convictions are based on the same set of operative facts, defendant may not...

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