Can a defendant stay his sentence for unlawful possession of ammunition in a firearm?

California, United States of America


The following excerpt is from People v. Novinger, C084518 (Cal. App. 2019):

Defendant contends, and the People concede, that the trial court erred in failing to stay the sentence on unlawful possession of ammunition in count 4, because that ammunition was found in the firearms he was convicted of unlawfully possessing in counts 5 and 6. "To allow multiple punishment for possessing ammunition in a firearm would, in our judgment, parse the objectives too finely. While there may be instances when multiple punishment is lawful for possession of a firearm and ammunition, the instant case is not one of them. Where, as here, all of the ammunition is loaded into the firearm, an 'indivisible course of conduct' is present and section 654 precludes multiple punishment." (People v. Lopez (2004) 119 Cal.App.4th 132, 138.) Accordingly, we will order the sentence for count 4 stayed under section 654.

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