Does a sentence for possessing ammunition under section 654 of the California Criminal Code apply to a defendant who also has ammunition in the gun?

California, United States of America


The following excerpt is from People v. Davis, C071689 (Cal. App. 2014):

Defendant also contends the sentence on his conviction for possessing ammunition must be stayed under section 654 because he cannot be punished for possessing both a gun and the ammunition inside that gun. The People concede the error. Section 654 precludes separate punishment for both possessing a gun and possessing the ammunition loaded inside the gun. (People v. Lopez (2004) 119 Cal.App.4th 132, 138.) Here, while there was ammunition found inside the gun and inside the trunk of the car defendant was driving when he was arrested, the People elected to proceed only with the ammunition loaded inside the gun on the ammunition charge. Defendant's sentence for possession of ammunition should, therefore, be stayed.

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