Is a conviction for possession of a silencer a separate punishment under section 654 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Liu, 46 Cal.App.4th 1119, 54 Cal.Rptr.2d 578 (Cal. App. 1996):
We conclude that under section 654, appellant's conviction for possession of a silencer could not be separately punished because it was an indivisible part of the same course of conduct as the conspiracies. It was error to impose a concurrent sentence for that conviction. (People v. Miller (1977) 18 Cal.3d 873, 886-887, 135 Cal.Rptr. 654, 558 P.2d 552.) We therefore stay the concurrent sentence for possession of a silencer.
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