Can a defendant be convicted of assault with a deadly weapon and felon in possession of a firearm?

California, United States of America


The following excerpt is from People v. Hooulu, C082053 (Cal. App. 2018):

The defendant's possession of the officer's revolver was not " 'antecedent and separate' " from his use of the gun in assaulting the officer. (Id. at p. 22.) In People v. Venegas (1970) 10 Cal.App.3d 814, 820-821, the court held section 654 barred multiple punishments for assault with a deadly weapon and felon in possession of a firearm convictions where the evidence suggested the defendant obtained the gun during a struggle in a bar moments before the shooting occurred.

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