Hernandez

In the published portion of this opinion, we address an apparent conflict between Penal Code section 1170.1 and Health and Safety Code section 11353.1. We conclude that the limitations on consecutive sentencing which appear in Penal Code section 1170.1, subdivision (a), do not prohibit the imposition of a mandatory Health and Safety Code section 11353.1 enhancement to the sentence of a defendant who is convicted of giving a controlled substance to a minor who is at least four years younger than the defendant.

Appellant was convicted, after a jury trial, of two counts of transporting cocaine (Health & Saf. Code, § 11352, counts 2 and 3) and two counts of giving cocaine to a minor (Health & Saf. Code, § 11353, counts 4 and 5). He was acquitted of a charge of murder (Pen. Code, § 187, subd. (a), count 1). He was sentenced to a total prison term of 17 years. This consisted of nine years on count 4, plus a three-year enhancement for being at least four years older than the minor (Health & Saf. Code, § 11353.1, subd. (a)(3)), and a consecutive term of two years on count 5, also enhanced by three years pursuant to Health and Safety Code section 11353.1, subdivision…