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Name: People v. Moseley
Case #: F052682
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/21/2008

Penal Code section 654 did not bar sentence on both possession for sale and maintaining a place for the sale of controlled substances. Moseley was convicted of possession of methamphetamine for sale as well as opening or maintaining a place for the sale of a controlled substance. On appeal, he argued that the sentence for the latter offense should have been stayed pursuant to Penal Code section 654 because it and the possession for sale charge arose from a single criminal objective. The appellate court disagreed. There was sufficient evidence that there were separate objectives here. Moseley’s objective in possessing the methamphetamine was to sell it. The objective in maintaining the place is different and independent of this intent. Moseley intended to provide a place for selling future inventory on an ongoing basis, regardless of whether the current inventory sold or not. Therefore, section 654 did not require the court to stay the sentence for either offense.