Parker

Codefendants, Henry Odell Porter (Porter) and Warren DeWayne Parker (Parker) were each convicted by jury of multiple Health and Safety Code violations: sale of cocaine base (Health & Saf. Code, § 11352); possession for sale of cocaine base (Health & Saf. Code, § 11351.5); and conspiracy to possess for sale or sell cocaine base (Pen. Code, § 182, subd. (a)). Porter was sentenced to state prison for the unstayed term of four years and four months. Parker received an unstayed term of eight years and four months. We will reject defendants’ contentions of error in the admission of certain evidence. The People concede, and we agree, that Porter “correctly contends that because he was found guilty of both a greater and a necessarily included offense, the conviction as to the lesser included offense, count 5, must be reversed” and that Parker “correctly contends that because it is impermissible to be convicted on both the greater and the necessarily included lesser offense, his convictions on counts 3 and 5 must be reversed.”

Statement of Facts

During October-November of 1990 Eddie King worked as a paid undercover narcotics informant for the Bakersfield Police Department. All…