Where two Giretti charges of trafficking in different drugs cover the same period and arise from a single drug trafficking business, the conduct linking the accused to that business — which supports the inference of regularity and commerciality essential to a Giretti charge — constitutes conduct common to both charges for the purposes of the Pearce rule against double punishment. Sentencing judges must modify individual sentences to avoid double punishment for this overlapping conduct. The obligation may be discharged in a variety of ways and does not require exhausting all overlapping criminality in the sentence on one charge.
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