Rouser

In this appeal we hold that contemporaneous possession in a state prison of two or more discrete controlled substances (here methamphetamines and heroin) at the same location constitutes but one offense under Penal Code section 4573.6.

A jury convicted defendant, a state prison inmate, of three counts of possession of a controlled substance by a prisoner in violation of Penal Code section 4573.6 (count 2 [possession of cocaine base and marijuana on March 6, 1993], count 3 [possession of methamphetamine on June 26, 1995] and count 4 [possession of heroin on June 26,1995]; further statutory references to sections of an undesignated code are to the Penal Code). The jury also found true allegations defendant had incurred nine felony convictions within the meaning of the three strikes law (§§ 667, subd. (d), 1170.12, subd. (c)) and had served two prison terms (§ 667.5, subd. (b)). Defendant was acquitted of one charge of violation of section 4573.6 (count 1 [possession of cocaine base on August 14, 1994]).

On count 2, which was committed before the enactment of the three strikes law (Stats. 1994, ch. 12, eff. Mar. 7, 1994), the court sentenced defendant to a three-year term,…