P. v. Morreo
Appellant Phillip Morreo was convicted, following a jury trial, of two counts of possessing a device, contrivance, instrument, or paraphernalia intended to be used for the unlawful injection and consumption of controlled substances while in prison (Pen. Code,[1] 4573.6; counts 1 & 2). The jury also found true an allegation that appellant had suffered a prior conviction of a serious or violent felony ( 667, subds. (b)-(j); 1170.12, subds. (a)-(d)). The trial court sentenced appellant to six years on count 1, plus two years on count 2, for an aggregate prison term of eight years, to be served consecutively to the term he was already serving. On appeal, appellant contends one of his convictions cannot stand because the two counts constitute a single offense. Court agree with appellant and will reverse his conviction on count 2.
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