Lopez

Appellant Miguel Angel Lopez appeals from a judgment after jury verdict convicting him of three conspiracy counts. He raises issues concerning admission of evidence, and he contends the evidence is insufficient as to two of the counts. We reject his specific claims; however, we reverse counts two and three for the related reason that the evidence demonstrated but one prosecutable conspiracy offense.

Facts and Proceedings

Ephedrine is a precursor chemical used in one method of manufacturing methamphetamine. In March 1992, an informant introduced Isaías Flores to Robert Castaneda, an undercover sheriff’s deputy, who offered Flores a large quantity of ephedrine. After negotiations and failed attempts to purchase the ephedrine throughout the spring of 1992, Castaneda tentatively agreed with Flores to provide the ephedrine in return for a portion of the 40 pounds of methamphetamine the ephedrine would produce.

As the time for transfer of the ephedrine and manufacture of the methamphetamine neared, Flores put Castaneda in contact with appellant. In a June 6, 1992, tape-recorded telephone conversation, appellant told Castaneda the manufacturing site was ready for Castaneda’s…