How much punishment does a defendant receive for possessing a handgun post-robbery?
California, United States of America
The following excerpt is from People v. Avina, D058375 (Cal. App. 2012):
commensurate with his or her criminal culpability. (See People v. Kramer, supra, 29 Cal.4th at p. 723.) Avina's criminal conduct involved illegal post-robbery possession of the handgun in addition to his commission of a series of robberies using that weapon. Section 654 does not prohibit punishing him for both types of criminal conduct because his involvement in these distinct criminal acts made his conduct more culpable. (People v. Kramer, at p. 723.)
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