Does a conviction for possession of ammunition need to be stayed?

The People ignore Roberson, supra, 198 Cal.App.3d 860, in their respondent's brief. Instead, the People argue that the conviction for possession of ammunition does not need to be stayed because "all of the ammunition was not loaded into a firearm. Rather, a loaded magazine was found on a shelf in an outdoor shed, while the matching gun was found in the passenger's side door handle of [defendant's] Ford Taurus and another loaded shotgun was found outside of a nearby home." However, as discussed above, the prosecutor's argument to the jury made it impossible to find defendant not guilty of count 3 if the jury found defendant guilty of possessing the loaded shotgun or loaded firearm. The case cited by the People in support of its argument, People v. Wasley (1966) 245 Cal.App.2d 383 (Wasley), is distinguishable.

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