P. v. Lockhart
In a bench trial, John D. Lockhart was convicted of selling marijuana (Health & Saf. Code, 11360, subd. (a)) and possession of marijuana for sale (Health & Saf. Code, 11359). Lockhart admitted two prior strike convictions (Pen. Code, 667, subds. (b) - (i)) and two prior prison terms ( 667.5, subd. (b)). The trial court granted Lockhart's request to dismiss the prior strike conviction allegations, and sentenced him to three years in prison for selling marijuana and a concurrent two years in prison for possession of marijuana for sale. The court dismissed the two prior prison term enhancement allegations.
Lockhart contends the court erred by imposing a concurrent sentence for the possession for sale count rather than staying execution of the sentence for that count under section 654. In a supplemental brief, Lockhart claims his conviction for possession of marijuana for sale violated double jeopardy principles because under the facts of this case the possession for sale crime is a lesser included offense of the selling crime. He also contends the principles of double jeopardy preclude his conviction for possession for sale even if that offense is not a lesser included offense of sale.
The sentence on the possession for sale count (count 2) is modified to stay execution of the sentence. In all other respects, the judgment is affirmed.
Comments on P. v. Lockhart