Chevalier

Defendant and appellant Carlos Chevalier appeals from a judgment following a jury trial in which he was convicted of certain drug offenses and weight allegations were found to be true. In the published portion of the opinion, we address his contention concerning the weight enhancement imposed on his drug conspiracy conviction. We conclude that *510 the verdict for a drug-conspiracy weight allegation pursuant to Health and Safety Code section 11370.4, subdivision (a)(6) need not expressly include the substantial involvement in the underlying offense element of the allegation. In the unpublished portion of the opinion, we address his contentions concerning Penal Code section 654 and presentence custody credit. We modify the abstract of judgment and affirm.

Procedural Background

Defendant was charged by information with conspiracy to possess for sale or transport cocaine in violation of Penal Code sections 182, subdivision (a)(1) and Health and Safety Code sections 11351 and 11352, subdivision (a). Defendant was also charged with possession for sale of cocaine in violation of Health and Safety Code section 11351. It was further alleged as to both counts that the cocaine…

I dissent solely from that portion of the majority’s opinion dealing with the conspiracy enhancement.

If this were a case of first impression, I might be more inclined to concur with my colleagues’ conclusion that the verdict form need not include a special finding of substantial involvement in the conspiracy. We are not, however, the first to speak on this issue. The court in People v. Garcia (1992) 3 Cal.App.4th 582 [ 4 Cal.Rptr.2d 539 ], addressed this issue almost six years ago, and as the majority notes, concluded the jury must expressly find substantial involvement before the conspiracy enhancement may be imposed. Although the majority rejects Garcia as legally unsupported, the decision was based on statutory language that “[t]he conspiracy enhancements . . . shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.” (Health & Saf. Code, § 11370.4, subd. (a)(6), italics added; Garcia, supra, at p. 585 .) Interpreting that language, the Garcia court concluded substantial involvement must be explicitly indicated on the verdict form rather than, as…

[Opinion certified for partial publication. [*] ]

OPINION

GRIGNON, J.

Defendant and appellant Carlos Chevalier appeals from a judgment following a jury trial in which he was convicted of certain drug offenses and weight allegations were found to be true. In the published portion of the opinion, we address his contention concerning the weight enhancement imposed on his drug conspiracy conviction. We conclude that the verdict for a drug-conspiracy weight allegation pursuant to Health and Safety Code section 11370.4, subdivision (a)(6) need not expressly include the substantial involvement in the underlying offense element of the allegation. In the unpublished portion of the opinion, we address his contentions concerning Penal Code section 654 and presentence custody credit. We modify the abstract of judgment and affirm.

Defendant was charged by information with conspiracy to possess for sale or transport cocaine in violation of Penal Code sections 182, subdivision (a)(1) and Health and Safety Code sections 11351 and 11352, subdivision (a). Defendant was also charged with possession for sale of cocaine in violation of Health and Safety Code section 11351. It was further alleged…