Bennett

Police officers stopped defendant Bryant J. Bennett because he was illegally parked in a red no parking zone. Following their initial stop of defendant, the officers discovered cocaine base and drug paraphernalia in defendant’s car. Defendant was convicted of possession of cocaine base for sale and possession of cocaine base.

Defendant makes two arguments on appeal. First, he claims the trial court improperly denied his motion to suppress evidence found after the officers stopped him. Defendant argues the police officers violated his constitutional rights because they stopped him based only on a parking violation subject to civil (not criminal) enforcement. Second, defendant argues his conviction for *910 possession of cocaine base must be reversed because it is a necessarily included offense of possession of cocaine base for sale, for which he was also convicted.

Although we disagree with defendant’s argument concerning his motion to suppress, we agree that his conviction for possession of cocaine base must be reversed. Accordingly, we affirm in part and reverse in part.

Background

The relevant facts are not in dispute and are taken primarily from the hearing on…