Estrada

Jairo Carrea Estrada, Javier Ruiz-Serrano, and Raul Serrano-Ruiz appeal their convictions for conspiracy to transport cocaine, transportation of cocaine, and possession of cocaine for sale, with quantity enhancements as to Javier and Raul. Estrada contends his consecutive sentence for possession for sale of cocaine was unauthorized because it merged with the conspiracy and transportation counts. Javier contends the court improperly allowed the same cocaine to be used both for a quantity enhancement as to the transportation count and a separate quantity enhancement as to the possession for sale count, and Penal Code section 654 prevents imposition of sentence on both enhancements. Raul joins in Estrada’s and Javier’s contentions. We affirm as modified.

Police investigators surveilled Javier and saw him park a Mazda at an apartment complex and open the trunk. He went to the back of the apartment he rented with his wife, his sister, and Raul. Raul quickly handed him a suitcase over the apartment’s patio wail. Javier put the suitcase in the car trunk and immediately drove away.

Javier went to a shopping center, where he met with Roberto Reyes and Guillermo Moreno, who had…