Is a defendant who failed to argue that section 654 of the California Criminal Code applies to his possession of a firearm by the firearm by felon convicted of a similar offence under the same law?

California, United States of America


The following excerpt is from People v. Stewart, C082060 (Cal. App. 2018):

Prior to sentencing, defendant did not argue that section 654 applied to his possession of a firearm by a felon conviction. Nor did he object to the consecutive sentence imposed for this conviction. Defendant's claim is nonetheless reviewable on appeal. (People v. Hester, supra, 22 Cal.4th at p. 295 ["Ordinarily, a section 654 claim is not waived by failing to object below"]; see also People v. Perez, supra, 23 Cal.3d at p. 549, fn. 3 ["Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court or assigned as error on appeal"].)

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