Is a defendant improperly convicted for theft of each of the three guns in a possession of illegal firearms case?

California, United States of America


The following excerpt is from People v. Buban-Zarate, E054695 (Cal. App. 2013):

court found that defendant harbored one intent for both entries, the trial court would have inevitably also found there was also one intent and plan to steal each of the three guns. Accordingly, we conclude that under the Bailey doctrine (People v. Bailey, supra, 55 Cal.2d at p. 519), defendant was improperly convicted for theft of each of the three guns. Defendant should have only been convicted of one count of theft of a firearm. Therefore defendant's convictions for counts 3 and 4 must be reversed.

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