People v. Quinn

In People v. Quinn (1964) 61 Cal.2d 551, the defendant robbed a pharmacy, taking cash and narcotics, and escaping in an automobile stolen the previous night. (Quinn, supra, 61 Cal.2d at p. 552.) He was convicted of robbery, automobile theft, and possession of narcotics. (Ibid.) His conviction was reversed on other grounds but the court addressed the sentencing issue that might arise on retrial, stating: "The theft and possession of the narcotics, the theft of the money, and the robbery were all part of an indivisible criminal transaction. Accordingly, if on retrial defendant is convicted of both possession of narcotics and robbery, he may be sentenced only for first degree robbery, the more serious of the two offenses. " (Quinn, supra, 61 Cal.2d at p. 556.)