Is possession of a concealable firearm by a person previously convicted of a felony an aggravation of the same crime?
California, United States of America
The following excerpt is from People v. Wilks, 146 Cal.Rptr. 364, 21 Cal.3d 460, 578 P.2d 1369 (Cal. 1978):
However, the judgment is in error since as to count 2 (possession of a concealable firearm by a person previously convicted of a felony (Pen.Code, 12021)) it allows the same priors to be used both as an element of the substantive offense and to enhance punishment for that same offense. This practice was condemned in People v. Perry (1974) 42 Cal.App.3d 451, 457-460, 116 Cal.Rptr. 853.
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