Is a convicted felon in possession of a firearm prohibited by section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from The People v. Lilly, H033423, H035236, H035625, No. CC894355 (Cal. App. 2010):

For example, in People v. Venegas (1970) 10 Cal.App.3d 814 (Venegas), the defendant, a convicted felon, shot a friend in a bar. No witness saw where the gun came from and the gun was found on the floor of the bar after the shooting. (Id. at p. 818.) Since there was no evidence that the defendant had possessed the gun before the shooting took place, imposing sentence for both assault and being a felon in possession of a firearm was prohibited by section 654. (Venegas, supra, at p. 821.)

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