People v. Moseley

In People v. Moseley (2008) 164 Cal.App.4th 1598, the defendant was convicted of possession of methamphetamine for sale and of maintaining a place for selling a controlled substance. He claimed that the sentence for the latter offense should have been stayed under section 654, because the two offenses arose from a single criminal objective and were committed during the same time period (and one search). (Id. at p. 1599-1600.) The court found substantial evidence to support the trial court's finding of two separate objectives, first, to maintain his apartment to sell his methamphetamine on an ongoing basis and, separately, his objective to sell the nine bags of drugs in his possession on the day of his arrest. (Id. at p. 1604.)