People v. Bacon

OPINION

On count 1, appellant Ronnie Eugene Bacon was convicted of possession of a controlled substance (Health Saf. Code, § 11377, subd. (a) (section 11377(a)).1 On count 2, he was convicted of furnishing or giving away a controlled substance (§ 11379, subd. (a) (section 11379(a)). He was sentenced to prison for three years on count 1, with a concurrent term of three years on count 2.

Appellant contends that (1) count 2 must be reversed because his actions did not constitute a violation of section 11379(a), and (2) count 1 must be stricken because it is a lesser included offense of count 2.

Subs…