Sullivan

Lon Albert Sullivan appeals his convictions for manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a)), possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possessing methamphetamine for sale (Health & Saf. Code, § 11378), and driving without a license (Veh. Code, § 14601.1, subd. (a)). On appeal, he contends the court committed instructional and sentencing errors. We conclude Sullivan’s requested instruction was properly refused, his conviction of possession of methamphetamine must be reversed because it is a lesser included offense of his conviction of possession of methamphetamine for sale, and his sentence for possession of methamphetamine for sale must be stayed pursuant to Penal Code section 654.

Facts

At about 7:20 p.m. on November 24, 1987, Sheriff’s Deputy Donald Phelps stopped Sullivan for driving a vehicle without a rear license plate and for having a right turn indicator light that flashed white instead of red. Sullivan got out of his truck and walked back to the deputy. Deputy Phelps asked Sullivan for his name and driver’s license. Sullivan told the deputy his name and stated his license had been suspended.

Phelps…