Briones

Defendant is convicted of two counts of possession of drugs for sale, each count for a different drug. He is also convicted of two additional counts of conspiracy to possess those drugs for sale.

Here we conclude defendant may be convicted for only one act of conspiracy to possess drugs for sale. And because the conspiracy and drug convictions are based on the same set of operative facts, defendant may not be punished for both the substantive offenses and the conspiracy.

Raymond P. Briones was convicted of possessing heroin for sale (Health & Saf. Code, § 11351), conspiracy to possess heroin for sale (Pen. Code, § 182), possessing methamphetamine for sale (Health & Saf. Code, § 11378), and conspiracy to possess methamphetamine for sale (Pen. Code, § 182).

The trial court sentenced him to 50 years to life in prison under the “Three Strikes” law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(e).) The sentence consists of 25 years to life for the heroin possession count, a concurrent 25 years to life for the methamphetamine possession count, a consecutive 25 years to life for conspiracy to possess methamphetamine, and a concurrent 25 years to life for conspiracy to…