People v. Briones
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
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 be punished for both the substantive offenses and the conspiracy.
Raymond P. Briones was convicted of possessing heroin for sale (Health & Saf. Code, § 11351), conspiracy…
2Cases cited6 opinions
- People v. SwainCalifornia Supreme Court · 1996
- People v. LawrenceCalifornia Supreme Court · 2000
- People v. RamirezCalifornia Court of Appeal · 1987
- People v. Tom Cheng Hsang LiuCalifornia Court of Appeal · 1996
- People v. BlakeCalifornia Court of Appeal · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. ChungCalifornia Court of Appeal · 2015
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- People v. BemanCalifornia Court of Appeal · 2019
- People v. ChungCalifornia Court of Appeal · 2015
- People v. ChungCalifornia Court of Appeal · 2015
2 more not listed; retrieve them via the Exa API.