Vega

Defendants Felizardo and Jose Vega appeal their convictions and sentences for conspiracy to transport cocaine and conspiracy to possess cocaine for sale. We affirm the convictions but reverse and modify portions of the sentences. We reverse the sentence for conspiracy to possess cocaine because, as the People concede, the only punishable conspiracy was the conspiracy to transport cocaine. We reverse imposition of the “criminal laboratory analysis fee” because it does not apply to defendants convicted of conspiracy to transport cocaine.

FACTS AND PROCEEDINGS BELOW

Law enforcement officers obtained a warrant to wiretap a telephone belonging to defendant Felizardo whom they suspected of dealing cocaine. The court issuing the wiretap warrant sealed the portions of the affidavit referring to two confidential informants and an undercover agent.

The officers recorded over 260 hours of Felizardo’s telephone calls including his conversations with codefendant Jose and a third suspect Jaime Salazar. The officers used the records of these conversations along with the wiretap affidavit and other information to obtain search warrants for the homes and automobiles belonging to…