People v. Rouser

Opinion

PUGLIA, P. J.

In this appeal we hold that contemporaneous possession in a state prison of two or more discrete controlled substances (here methamphetamines and heroin) at the same location constitutes but one offense under Penal Code section 4573.6.

A jury convicted defendant, a state prison inmate, of three counts of possession of a controlled substance by a prisoner in violation of Penal Code section 4573.6 (count 2 [possession of cocaine base and marijuana on March 6, 1993], count 3 [possession of methamphetamine on June 26, 1995] and count 4 [possession of heroin on June 26,1995];…