Does a conviction for possession of a firearm by a convicted felon have to be stayed?

California, United States of America


The following excerpt is from People v. Maresh, A147612 (Cal. App. 2017):

Accordingly, we conclude the evidence is insufficient to support a finding that defendant's objective in committing the burglary was distinct from his objective in possessing the firearms. The appropriate course of action under section 654 is to stay execution of the term with the lesser penalty. (See People v. Pena (1992) 7 Cal.App.4th 1294, 1312.) Thus, the eight-month term associated with the conviction for possession of a firearm by a felon must be stayed.

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