simply because it is a distinct conversation, occurring at a different time and place, and involving a different person. Contrary to the State’s argument, this court’s rejection of a “per capita” theory of solicitation in Varnell does not imply the adoption of a “per conversation” theory. Whether each conversation gives rise to a new unit of prosecution depends on whether the solicitation statute punishes an act or a course of conduct, an issue this court had no need to address in Varnell. “ ‘The test is whether the individual acts are prohibited, or the course of action which they constitute. If the former, then each act is punishable separately.... If the latter, there can be but one penalty.’ ” Blockburger v. United States, 284 U.S. 299, 302, 52 S. Ct. 180, 76 L. Ed. 306 (1932) (<HOLDING>) (alteration in original) (quoting 1 Francis
holding that state may charge separately for the same offense but the convictions for more than one of the offenses cannot stand holding that drug type and quantity do not constitute formal elements of separate and distinct offenses under section 84ibl holding that two unlawful sales of narcotics to the same purchaser on consecutive days constituted two offenses punishable separately holding that evidence supported finding of constructive possession of concealed narcotics in part because narcotics paraphernalia was found in residence holding that successive sales of narcotics constitute distinct offenses and may be separately prosecuted however close in time they occur