Does section 654 of the California Criminal Code require a defendant to serve time served on the charge of possessing a firearm prior to sentencing?
California, United States of America
The following excerpt is from People v. Picasso, F071094 (Cal. App. 2017):
Because the only evidence of defendant's " ' "antecedent" ' " (People v. Jones, supra, 103 Cal.App.4th at p. 1143) possession of the firearm indicates the possession was " ' "in conjunction with the primary offense" ' " (ibid.), section 654 prohibits simultaneous punishment of the firearm possession and the related primary offense.
Page 51
IX. DEFENDANT MUST BE CREDITED FOR TIME SERVED BETWEEN ORIGINALLY SCHEDULED SENTENCING HEARING DATE AND CONTINUED DATE
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