Does a sentencing error in a drug case affect a defendant's conviction for possession of a controlled substance in prison?

California, United States of America


The following excerpt is from People v. Escoto, E051638 (Cal. App. 2011):

respond that, regardless of any sentencing error, defendant was erroneously convicted under People v. Rouser (1997) 59 Cal.App.4th 1065, 1070, 1072-1073, of two counts of possession of a controlled substance in prison under section 4573.6. Count 1 was for possession of heroin and count 2 was for possession of marijuana. We agree, as do both parties that defendant should not have been charged and convicted of two counts of inmate drug possession ( 4573.6). Defendant's conviction for count 2 is therefore reversed. As a consequence, defendant's sentencing challenge is moot.

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