Can a court stay execution of a sentence for possession of a firearm?

California, United States of America


The following excerpt is from People v. Watkins, F070055 (Cal. App. 2016):

searched him, they found a loaded .44-caliber revolver.2 He was convicted of, and punished for, three crimes for that single act of possession. Imposition of concurrent terms, however, did not satisfy section 654's prohibition of multiple punishment: "'It has long been established that the imposition of concurrent sentences is precluded by section 654 [citations] because the defendant is deemed to be subjected to the term of [all] sentences although they are served simultaneously.' [Citation.] Instead, the accepted 'procedure is to sentence defendant for each count and stay execution of sentence on certain of the convictions to which section 654 is applicable.' [Citations.] Accordingly, although there appears to be little practical difference between imposing concurrent sentences, as the trial court did, and staying sentence on [three] of the convictions, as defendant urges, the law is settled that the sentences must be stayed to the extent that section 654 prohibits multiple punishment." (People v. Jones, supra, 54 Cal.4th. at p. 353.)

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