In what circumstances will a court stay a defendant's conviction for unlawful possession of ammunition under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Matthews, C087938 (Cal. App. 2020):

Similarly, in People v. Sok (2010) 181 Cal.App.4th 88, the court concluded that punishment for the defendant's conviction for unlawful possession of ammunition should have been stayed under section 654 because the ammunition was either loaded in the defendant's gun or had been fired from it. (Id. at p. 100.) The court reasoned there was "no evidence in the record that would support the trial court's implied factual finding that [the defendant] had different or multiple objectives in possessing the loaded firearm and possessing the ammunition in the gun itself." (Ibid.)

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