P. v. Hathaway CA2/1
Matthew Edmund Hathaway was convicted at separate times of possession of a controlled substance while armed with a firearm and attempted possession of contraband in jail. He contends the second conviction should be reversed and the case dismissed pursuant to Kellett v. Superior Court (1966) 63 Cal.2d 822 (Kellett) because the conduct underlying both convictions was inextricably intertwined. We conclude that although evidence of both crimes was discovered during the same investigation, Hathaway’s conduct in committing them was divisible. Therefore, we affirm.
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