Does section 654 of the Criminal Code apply to the possession of a firearm with intent to endanger life or cause grievous bodily harm?

California, United States of America


The following excerpt is from People v. Suarez, H041111 (Cal. App. 2016):

The trial court's finding that the conduct in count 4 was "closely related" to that of the other firearm related offenses is consistent with its observation at the sentencing hearing that count 4 "was close to being 654," which may justify a concurrent sentence but does not equal a singular intent and objective within the meaning of section 654. To the extent the trial court's decision on the applicability of section 654 to count 4 lacked a clear factual basis, we find "implicit in its imposition of concurrent sentences" and in its refusal to change that determination "a finding that the firearm possession was a separate and distinct offense." (People v. Jones (2002) 103 Cal.App.4th 1139, 1147 (Jones).)

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