When a defendant has been convicted of both unlawful possession of a firearm and an offense involving or arming with the same firearm, is section 654 of the California Criminal Code applicable?

When a defendant has been convicted of both unlawful possession of a firearm and an offense involving the use of or arming with the same firearm, the test for the application of section 654 is fairly clear. "'[S]ection 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.' [Citation.]" (People v. Ortiz (2012) 208 Cal.App.4th 1354, 1379.) "In contrast, multiple punishment is improper where the evidence shows that, at most, 'fortuitous circumstances put the firearm in the defendant's hand only at the instant

Page 18