P.

INTRODUCTION

Defendant Chris Everette seeks reversal of his conviction for simple possession of

cocaine base (Health & Saf. Code § 11350, subd. (a)), because it is a lesser included

offense of one of his other convictions, possession of cocaine base for sale. (Health &

Saf. Code § 11351.5.) He also asks that his parole revocation restitution fine be

dismissed. (Pen. Code § 1202.45.)1 We will reverse the possession charge and clarify

what revocation restitution fines he is required to pay.

FACTS AND PROCEDURAL HISTORY2

Defendant is 58 years old and a long-time drug addict who has been smoking

cocaine for more than 20 years. On April 23, 2011, he was on active (but “non-

revocable”) parole3 and probation4 for earlier drug offenses when he was arrested while

All further statutory references are to the Penal Code unless otherwise indicated.

This appeal consolidates two cases: E055145 and E055146. Because appellate case numbers are assigned in the order in which appeals are filed, throughout this opinion, record cites to the transcripts in case E055145, filed with this court on February 29, 2012, will be “2RT” and “2CT.” Record cites to transcripts in case E055146,…