People v. Pantoja CA2/6

DISCUSSION

Section 29815 Conviction Appellant asserts his section 29815 conviction must be reversed because he is subject to section 29800. The People agree reversal is warranted, as do we. Section 29815 prohibits possession of a firearm in violation of an express probation condition. (§ 29815, subd. (a).) However, the statute applies only to those who are “not subject to section 29805 or subdivision (a) of Section 29800 . . . .” (Ibid.) The jury convicted appellant under section 29800, subdivision (a). Thus, appellant does not come within section 29815, subdivision (a), and that conviction must be reversed. Section 654 Appellant claims section 654 prohibits punishment under both section 29800 and the section 12022.5 firearm enhancement. We disagree. “Section 654 precludes multiple punishment for a single act or omission, or an indivisible course of conduct.” (People v. Deloza (1998) 18 Cal.4th 585, 591.) “‘“‘Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all of the offenses were incident to one objective, the defendant may be punished for any…