Can a defendant overturn a conviction for possession for sale and transportation of methamphetamine?

"The California Constitution provides that no person may be put in jeopardy twice for the same offense. (Cal. Const. art. I, 15.) Multiple convictions can be based on a single criminal act, if the charges allege separate offenses. [Citation.]" (People v. Smith (2012) 209 Cal.App.4th 910, 915.)

Here, although defendant was initially charged with two different offenses (possession for sale and transportation), he was ultimately convicted of two counts of the same offense (simple possession) arising from the same act of possessing the same methamphetamine. Defendant contends this was error and that one conviction must be vacated. The prosecution concedes the error. We agree. A defendant cannot be convicted of multiple counts of the same offense for a single criminal act. (People v. Coyle (2009) 178 Cal.App.4th 209, 217.)

The conviction for count two, possession of methamphetamine, is vacated. In all other respects, the judgment is affirmed.