Does section 654 of the California Criminal Code apply to a convicted felon who arrived at the scene of the crime already in possession of a firearm?
California, United States of America
The following excerpt is from People v. Heartsman, A135202 (Cal. App. 2015):
Jones concludes that "section 654 is inapplicable when the evidence shows that the defendant arrived at the scene of his or her primary crime already in possession of the firearm." (Id. at p. 1145, italics added.) Multiple punishment is also proper if the felon possessed the firearm after the crime, with a separate intent. (See People v. Garcia (2008) 167 Cal.App.4th 1550, 1565-1566.)
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