How is section 654 of the California Criminal Code applied in the context of a conviction for possession of a prohibited weapon?

California, United States of America


The following excerpt is from People v. Cordova, C084661 (Cal. App. 2020):

"Case law establishes the guidelines for applying section 654 in the context of a conviction for possession of a prohibited weapon. ' "[W]here 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 [weapon] has been held to be improper where it is the lesser offense." ' " (Wynn, supra, 184 Cal.App.4th at p. 1217.) Whether the unlawful possession of a firearm and the offense in which the firearm is used is indivisible depends on the facts and evidence of each case. (People v. Jones (2002) 103 Cal.App.4th 1139, 1143 (Jones).)

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