Moseley

Defendant Mellon C. Moseley, Jr., was convicted of possession of methamphetamine for sale; possession of marijuana; opening or maintaining a place for selling, giving away or using a controlled substance; being a felon in possession of ammunition; and possession of drug paraphernalia. He now argues that the court should have granted his acquittal motion on the charge of opening or maintaining a place for sale or use; that the court instructed the jury erroneously on that offense; and that the sentence for that offense should have been stayed pursuant to Penal Code section 654 because it and the possession-of-methamphetamine-for-sale charge arose from a single criminal objective.

The People concede that the court erred when it added one-year enhancements to the sentences for two crimes based on a single prior prison term. We shall strike one of those enhancements and affirm the judgment in all other respects. We publish our discussion of the Penal Code section 654 issue.

FACTUAL AND PROCEDURAL HISTORIES

Moseley and codefendant Lisa Gay Davis were dating. He visited her at her apartment in Los Banos every day. Police suspected Moseley of drug offenses and obtained a…