Can a defendant receive a concurrent sentence for concealing a firearm in a vehicle?

California, United States of America


The following excerpt is from People v. Davis, G051771 (Cal. App. 2017):

The Attorney General concedes the issue. We accept the concession. Section 654, subdivision (a), provides: "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one." Here, the trial court imposed multiple punishments for the single act of concealing a firearm in a vehicle. (People v. Jones (2012) 54 Cal.4th 350, 352, 360 [defendant could not be punished separately for the crimes of possession of a firearm by a felon, carrying a readily accessible concealed and unregistered firearm, and carrying an unregistered loaded firearm in public where he was found with a loaded revolver in his car that was not registered to him].) We will modify the judgment to stay the concurrent term on count 3.

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