What is the test for sentencing a defendant to two concurrent sentences for unlawful possession of a firearm and the possession of ammunition that is loaded in the firearm?

California, United States of America


The following excerpt is from People v. Pitts, B208444 (Cal. App. 3/5/2009), B208444 (Cal. App. 2009):

With respect to count 2 individually, defendant relies on People v. Lopez (2004) 119 Cal.App.4th 132, in which concurrent sentences had been imposed for the crimes of unlawful possession of a firearm and unlawful possession of ammunition that had been loaded in the firearm. The court held that "[w]here, as here, all of the ammunition is loaded into the firearm, an `indivisible course of conduct' is present and section 654 precludes multiple punishment. (Lopez, at p. 138.)

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