California, United States of America
The following excerpt is from People v. Hatch, A150896 (Cal. App. 2018):
each objective even though the violations share common acts or were parts of an otherwise indivisible course of conduct.' " (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.)
Whether possession of a firearm by a felon " ' "constitutes a divisible transaction from the offense in which he employs the weapon depends upon the facts and evidence of each individual case. Thus where the evidence shows a possession distinctly antecedent and separate from the primary offense, punishment on both crimes has been approved. On the other hand, where the evidence shows a possession only in conjunction with the primary offense, then punishment for the illegal possession of the firearm has been held to be improper where it is the lesser offense." ' " (People v. Jones, supra, 103 Cal.App.4th at p. 1143.) A trial court's application of section 654 is upheld if there is substantial evidence to support it. (Ibid.)
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