Does Section 654 of the Penal Code allow a defendant to stay his sentence for unlawfully possessing ammunition?

California, United States of America


The following excerpt is from The People v. Ragan, C063253, No. 62073433 (Cal. App. 2010):

Section 654 is designed to ascribe punishment commensurate with culpability. (People v. Latimer (1993) 5 Cal.4th 1203, 1211.) Here, defendant's culpability was greater than the defendant's in Lopez. He did not just possess the loaded.38-

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caliber revolver. Rather, he had at the ready a backup box of bullets for the.38 and an additional box for a.357. As a result, the trial court was not required to stay his sentence for unlawfully possessing ammunition. Rather, there is substantial evidence to support the court's finding that defendant harbored a separate intent and objective. (People v. Blake (1998) 68 Cal.App.4th 509, 512.)

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