Can a convicted felon be punished for both receiving stolen property and possession of a firearm by the felon?

California, United States of America


The following excerpt is from People v. Makimoto, B278698 (Cal. App. 2018):

On appeal, we held that under section 654 Makimoto could not be punished for both receiving stolen property and possession of a firearm by a felon with respect to the Taurus handgun. We explained, "The record here showed that counts 1 and [4] involved only a single criminal act: possession of the Taurus gun, kept by [Makimoto] in the storage unit. [P]ossession of the gun was criminal both because he was a felon . . . and because he knew the gun was stolen . . . ." (People v. Makimoto (Oct. 12, 1999, B123018) [nonpub. opn.] [at pp. 6-7].) We held that Makimoto "cannot be punished more than once for possession of the gun, under different

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