Is section 654 of the Criminal Code applicable to a defendant convicted of possessing or transporting two different controlled substances for sale?

California, United States of America


The following excerpt is from People v. Brownton, H045628 (Cal. App. 2020):

Defendant contends his possession of different controlled substances for sale implicates section 654 in two ways: possessing multiple controlled substances for sale is a single act (possession) with a single intent (to sell drugs). But as defendant himself acknowledges, appellate courts have consistently decided that section 654 does not proscribe multiple punishment in situations where a defendant is convicted of possessing or transporting two different controlled substances for sale. (See People v. Barger (1974)

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