What is the test to stay a sentence for unlawful possession of ammunition pursuant to section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Suares, B280098 (Cal. App. 2018):

The ammunition appellant possessed was loaded in the firearm he possessed. "Where, as here, all of the ammunition is loaded into the firearm, an 'indivisible course of conduct' is present and section 654 precludes multiple punishment." (People v. Lopez (2004) 119 Cal.App.4th 132, 138.) The trial court accordingly should have stayed the sentence for count 7. (See People v. Sok (2010) 181 Cal.App.4th 88, 100 [trial court erred in failing to stay sentences for unlawful possession of ammunition pursuant to section 654 because the ammunition "was either loaded into [the defendant's] handgun or had been fired from that gun"].)

V. Section 12022.5

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