Does section 4573.8 of the California Criminal Code apply to a defendant who is charged with two counts of possession of contraband under the same section?

which is very similar to section 4573.6, provides in part: "Any person who knowingly has in his or her possession in any state prison ... any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming drugs, or alcoholic beverages, without being authorized to possess the same ... is guilty of a felony." We conclude it would be anomalous to preclude multiple convictions for simultaneous possession of different items of contraband under section 4573.6, as in Rouser, but allow multiple convictions when the defendant is charged with simultaneous possession of contraband under both sections 4573.6 and 4573.8. In addition, section 4573.8 is general and section 4573.6 is specific, and thus the former includes the discrete acts covered by the latter. (People v. DeLaCruz (1993) 20 Cal.App.4th 955, 958 ["Prosecution under a general statute is precluded when the facts of the alleged offense parallel the acts proscribed by a special statute."].)

For these reasons, we agree with the parties that the conviction on count 3 must be reversed.²