MONARREZ
People v. MONARREZ
Opinion
Opinion
McKINSTER, J.
A jury convicted defendant and appellant Reyes Acuna Monarrez, Jr., of possession of heroin for sale (Health & Saf. Code, § 11351), possession of cocaine for sale (Health & Saf. Code, § 11351), and receiving stolen property. (Pen. Code, § 496, subd. (a).) On this appeal, his sole contention is that the trial court improperly imposed separate sentences for the two drug offenses, the three-year midterm on one count and a one-year consecutive term for the second count. He contends that the two drug offenses involved essentially the same act, and that separate punishment was barred by Penal Code section 654. We disagree, and affirm the judgment.
Statement of Facts
We provide a somewhat detailed account of the development of the case, as it bears particularly on the arguments of respondent. The prosecution of defendant was part of the culmination of several years of apparently sporadic investigation and surveillance in connection with reports of drug activity at various locations. Between 1991 and 1993, defendant’s relatives, Maximino Acuna Monarrez and Florencio Acuna Monarrez, were either seen in suspicious activity or owned vehicles connected to such activity. Defendant’s…