P. v. Ortiz CA4/3
A jury convicted defendant Luis Manuel Ortiz of one count of conspiracy to sell methamphetamine, three counts of selling methamphetamine, and other related drug crimes. The jury also found true a gang allegation as to each conviction.
The trial court imposed a punishment for the conspiracy count and for each of the three sales counts. Defendant contends that his sentence violates the statutory proscription against multiple punishments. (Pen. Code, § 654.) We disagree. The conspiracy to sell methamphetamine lasted nearly a year and included hundreds of transactions, many more than three sales convictions for which defendant was punished.
Defendant also contends that his abstract of judgment incorrectly labels the conspiracy conviction as a violent felony. The conspiracy conviction was definitely not a violent felony. (See § 667.5, subd. (c).) The Attorney General agrees.
We affirm the judgment. We also order the trial court to correct the abstract of judgment.
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