P. v. Montolongo
Lionel Montolongo was convicted of transporting a controlled substance (Health & Saf. Code, 11379, subd. (a)), possession of a controlled substance (Health & Saf. Code, 11377, subd. (a)), and giving a false name to a police officer (Pen. Code, 148.9, subd. (a)).[1] He argues that he cannot be convicted of both transportation of a controlled substance and possession of the same controlled substance because the latter is a necessarily included offense of the former. He also argues that while he did give a false name to the officers, he was not legally detained at the time and therefore the evidence was insufficient to support the conviction.
The People concede, and we agree, that the possession of a controlled substance conviction must be reversed. Court affirm the judgment in all other respects.
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