Does a prosecutor have to charge each possession of a separate firearm as a separate offense?

California, United States of America


The following excerpt is from People v. Burnett, 71 Cal.App.4th 151, 83 Cal.Rptr.2d 629 (Cal. App. 1999):

9 Contrary to the dissent's characterization, this opinion does not state or suggest a prosecutor must charge each possession of a separate firearm as a separate offense. The prosecution is limited, however, to prosecuting only offenses shown by the evidence at the preliminary hearing or transactionally related to the offense that formed the basis of the commitment order. (People v. Pitts, supra, 223 Cal.App.3d at p. 903, 273 Cal.Rptr. 757.)

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