California, United States of America
The following excerpt is from People v. Aguilar, E067357 (Cal. App. 2018):
The People base their argument on People v. Jones (2002) 103 Cal.App.4th 1139, which holds " ' "where the evidence shows a possession distinctly antecedent and separate from the primary offense, punishment on both crimes has been approved. On the other hand, where the evidence shows a possession only in conjunction with the primary offense, then punishment for the illegal possession of the firearm has been held to be improper where it is the lesser offense." ' " (Id. at p. 1143.) Here, the defendant's possession of the assault weapons in counts 3 and 4, and his possession of firearms by a felon in counts 5 and 6, appear on this record to be only in conjunction with the primary offenses, transportation of the assault weapons in counts 1 and 3, rather than antecedent to and separate from them. Although the People argue that defendant's unlawful
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