In what circumstances will a defendant be sentenced separately for two separate crimes, possession of a firearm, and carrying a loaded revolver in a motor vehicle?

California, United States of America


The following excerpt is from People v. Rowland, 21 Cal.App.3d 371, 98 Cal.Rptr. 419 (Cal. App. 1971):

In People v. Harrison (1969) 1 Cal.App.3d 115, 81 Cal.Rptr. 396, the defendant was held to have been properly sentenced separately for two offenses, one, an ex-convict having custody of a revolver, and two, the carrying of a loaded revolver in a motor vehicle. The court pointed out that the two statutes involved struck at different things, the hazard of permitting ex-felons to have concealable weapons and the hazard arising when a person carried a loaded firearm in public. In the instant case there are two separate hazards, one, the possession of stolen property, and the other, acquiring a credit card for illegal use.

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