What is the difference between police evasion and felon firearm possession?

California, United States of America


The following excerpt is from People v. Tillman, C070879 (Cal. App. 2013):

Neither of these two offenses facilitated the other, nor was one carried out to undertake the other. (See People v. Ratcliff (1990) 223 Cal.App.3d 1401, 1410 ["the crime [of firearm possession by a felon] is committed the instant the felon in any way has a firearm within his control"] original italics omitted; our italics added; People v. Jones (2002) 103 Cal.App.4th 1139, 1148 [the crime of felon firearm possession "uniquely targets the threat [in and of itself] posed by felons who possess firearms"].)

We conclude the trial court properly sentenced consecutively the current convictions for police evasion and felon firearm possession.

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