California, United States of America
The following excerpt is from People v. Jones, A138504 (Cal. App. 2014):
"The standard for applying section 654 in the circumstances of this case was restated in People v. Venegas[, supra,] 10 Cal.App.3d 814. 'Whether a violation of [the statute] forbidding persons convicted of felonies from possessing firearms concealable upon the person, constitutes a divisible transaction from the offense in which he employs the weapon depends upon the facts and evidence of each individual case. Thus 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.' [Citation.]" (People v. Bradford (1976) 17 Cal.3d 8, 22.)
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