State v. Denny

Johanson, A.C.J.

¶1 Charles Noel Denny appeals his convictions for unlawful possession of a controlled substance and third degree theft, arguing that because both convictions arose from the same conduct, he cannot be convicted of both. He also claims counsel was ineffective for failing to move to vacate his unlawful possession conviction because it arose from the same conduct as the theft conviction. We affirm because our legislature intended to punish unlawful possession of a controlled substance separately from theft of a controlled substance.

FACTS

¶2 In September 2010, Ryan Simons suspected…