Can a defendant be prosecuted under section 4375.6 of the California Criminal Code for two separate charges of possession of illegal drugs under the same general statute?

"Prosecution under a general statute is precluded when the facts of the alleged offense parallel the acts proscribed by a special statute." (People v. DeLaCruz (1993) 20 Cal.App.4th 955, 958.) Thus, we agree with the parties. It would be anomalous to preclude multiple convictions for simultaneous possession of different items of contraband under section 4375.6, but then allow such prosecutions simply because an inmate happens to be charged with simultaneous possession of contraband under both 4375.6 and 4375.8. We therefore agree with the parties that count 2 must be reversed and dismissed, and defendant's sentence should be reduced by the term imposed on count 2 of one year, four months.²

Page 5