Bacon

OPINION On count 1, appellant Ronnie Eugene Bacon was convicted of possession of a controlled substance (Health Saf. Code, § 11377 , subd. (a) (section 11377(a)). 1 On count 2, he was convicted of furnishing or giving away a controlled substance (§ 11379, subd. (a) (section 11379(a)). He was sentenced to prison for three years on count 1, with a concurrent term of three years on count 2. Appellant contends that (1) count 2 must be reversed because his actions did not constitute a violation of section 11379(a), and (2) count 1 must be stricken because it is a lesser included offense of count 2. *Page 335 Subsequent to the initial briefing, the trial court denied a request for additional custody credit. That issue has been raised before this court via supplemental briefing. We stay count 1 pursuant to Penal Code section 654 , award 10 days of additional local conduct credits and otherwise affirm. 2 FACTS * 1. Prosecution Evidence While on patrol on August 11, 2008, two deputy sheriffs saw that a group of people were standing next to a van that was parked in the parking lot of a bar. The deputies left their car and walked toward the van because its license plate had expired. A woman…