Can a convicted felon be punished separately for the theft of a firearm and possession of the firearm stolen?

California, United States of America


The following excerpt is from People v. Hannah, C071651 (Cal. App. 2014):

Penal Code section 654 precludes punishment for both burglary and for the theft of the personal property the burglar entered the structure to steal. (People v. Alford, supra, 180 Cal.App.4th at p. 1468.) The same section precludes punishment for both burglary and possession of the item stolen, even when possession of that stolen item is a crime because the defendant is a convicted felon. (See People v. Atencio (2012) 208 Cal.App.4th 1239 [defendant may not be punished separately for theft of firearm and subsequent possession of firearm by convicted felon].)

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