McGuire

Defendant Christopher James McGuire pleaded guilty to transporting methamphetamine (Health & Saf. Code, § 11379), possessing methamphetamine for sale (Health & Saf. Code, § 11378), being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), driving a vehicle under the influence of a drug (Veh. Code, § 23152, subd. (a)), and giving false information to a peace officer (Pen. Code, § 148.9, subd. (a)). McGuire also admitted a prior conviction for violating Health and Safety Code section 11378. The court sentenced McGuire to 16 months in prison. McGuire appeals, contending the court erred in determining it lacked authority to place him on probation. McGuire also contends the court erred in entering convictions for both driving under the influence and the assertedly necessarily included offense of being under the influence. McGuire further contends the court violated section 654 in imposing sentence for both those convictions. We affirm the judgment.

The People appeal an order under section 1272, subdivision 3, granting McGuire bail on appeal. Asserting there was no substantial legal question on the issue whether the court had authority to…