Can a defendant be punished for both shooting at an inhabited dwelling and possession of a firearm by a felon?

California, United States of America


The following excerpt is from People v. Brass, E060714 (Cal. App. 2015):

Thus, for example, in People v. Jones (2002) 103 Cal.App.4th 1139, the defendant fired several shots at the victim's home as he drove by in a car. (Id. at p. 1142.) The court held that he could be punished for both shooting at an inhabited dwelling and possession of a firearm by a felon. (Id. at pp. 1142-1149.) "[W]hen an ex-felon commits a crime using a firearm, and arrives at the crime scene already in possession of the firearm, it may reasonably be inferred that the firearm possession is a separate and antecedent offense, carried out with an independent, distinct intent from the primary crime." (Id. at p. 1141.)

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