P. v. Collins
Francis Collins appeals from a judgment convicting him of transportation of methamphetamine and related offenses. He argues the judgment must be reversed because the trial court erred in denying his suppression motion. We find no error in this ruling.
Collins also argues weight enhancements attached to his offenses must be reversed because he was charged and convicted under the wrong subdivision of the Health and Safety Code weight enhancement provision. We conclude this was a clerical or technical error that did not violate his due process right to notice of the charges against him, and we modify the judgment to correct the mistaken subdivision citation.
As to his sentence, Collins asserts, and the Attorney General concedes, that the court erred in failing to stay the sentences on all but the principal count (count 3) under Penal Code section 654. We agree and modify the judgment to stay the sentences on counts 1, 2, and 4.
As so modified, we affirm the judgment.
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