P. v. Hooper
Defendant received an aggregate state prison term of 10 years four months, after being convicted by a jury of residential burglary (Pen. Code, 459 count III) and pleading guilty to two counts of possession of methamphetamine (Health & Saf. Code, 11377, subd. (a) counts I and XI), three counts of possession of a smoking device (id., 11364 counts II, IV and XIII), two counts of possession of marijuana (id., 11357, subd. (b) counts V and XIV), one count of transportation of methamphetamine (id., 11379, subd. (a) count VI), and one count each of violating the Financial Responsibility Law (Veh. Code, 16028, subd. (a) count X), driving with a suspended drivers license with two prior convictions for the same offense (id., 14601.1, subd. (a) count IX) and unauthorized possession of a prescription drug (Bus. & Prof. Code, 4060 count XII), supplemented by his admissions to two on-bail enhancement allegations (Pen. Code, 12022.1 as to counts I and III).
Defendant contends that the court should have stayed the punishment for the three smoking device offenses (counts II, IV and VIII) pursuant to Penal Code section 654 (section 654) because, on each occasion, the devices were used only to consume the controlled substances that were also found in his possession. Court disagree and affirm the judgment.
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