People v Franklin, 298 Mich App 539, 546; 828 NW2d 61 (2012). See also People v Bailey, 486 Mich 1066; 784 NW2d 46 (2010). As such, we remand with instructions to the trial court to vacate defendant's conviction and sentence for Count II, conspiracy to deliver less than 50 grams of cocaine.

Whether there was one conspiracy to commit two crimes, or more than one conspiracy each with a separate object is determined by the "totality of the circumstances." Id at 285; People v Bailey, 486 Mich 1066; 784 NW2d 46 (2010). In making this determination, factors that courts should consider include, (1) time, (2) persons acting as coconspirators, (3) the charged offenses, (4) the overt acts performed or the nature and scope of the activity prohibited by the charged offenses, and (5) the places where the events alleged as part of the conspiracy took place.