P. v. Sanborn
At the time of sentencing in the instant matter, appellant had been ordered to serve a two-year prison sentence previously imposed by the Orange County Superior Court. The Ventura County Superior Court selected the Orange County case as the principal term and confirmed the two-year base term. As to count 1 (transportation of methamphetamine), the court imposed one-third the middle term, which it ordered to run consecutive to the Orange County sentence. As to count 3 (conspiracy), the court selected the low base term of two years to run concurrent to both the Orange County sentence and the sentence in count 1. The court added three years for appellant's prior conviction (Health & Saf. Code, 11370.2, subd. (c)) for an aggregate term of six years.
Appellant requested a certificate of probable cause which the trial court granted. She argues that the court erred by imposing a concurrent sentence rather than staying the sentence on the conspiracy count. Court conclude that execution of sentence on count 3 must be stayed pursuant to section 654.
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