Does a failure to instruct a jury on a lesser included charge of possession for sale affect a defendant's conviction on both counts?

4 Defendant also argues this error affects both counts and compels their reversal. We conclude that the error only affects the lesser count. It is established that a failure to instruct on a lesser included offense is not prejudicial to the greater offense where the jury necessarily resolved the factual question adversely to the defendant under the instructions given. (People v. Turner (1990) 50 Cal.3d 668, 690-691, 268 Cal.Rptr. 706, 789 P.2d 887.) Here, the jury's verdict reflects that it considered both simple possession and possession for sale and found defendant guilty of both; the offenses are not factually or logically inconsistent.

** * See footnote *, ante.