People v. Roots-Scott CA3

DISCUSSION

Defendant contends that in order to provide him with the benefit of his plea, his count four conviction should be modified to constitute a conviction under Health and Safety Code section 11357, subdivision (b). The People agree, and we do too. Accordingly, we need not address defendant’s alternative contention that his conviction should be modified because it was the result of ineffective assistance of counsel. Health and Safety Code section 11357, subdivision (b) provides: “Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).” Subdivision (c) of that section provides: “Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.” As a general rule, a record that is in conflict will be harmonized if possible. (People v. Smith (1983) 33 Cal.3d 596, 599.)…