People v. Duran CA3

DISCUSSION

In People v. Lopez (2004) 119 Cal.App.4th 132 (Lopez), an officer searched the defendant and found a loaded Makarov nine-millimeter handgun in his pants pocket. (Id. at p. 135.) The defendant was convicted of unlawful possession of a firearm (former § 12021, subd. (e)) and unlawful possession of ammunition (former § 12316, subd. (b)(1)), and found by the court to have a prior strike conviction. (Lopez, at p. 134.) He was sentenced to state prison for concurrent terms of six years for these offenses. (Ibid.)

On appeal, the defendant argued that the sentence for the unlawful possession of ammunition should be stayed because possession of the firearm and ammunition was an “ ‘indivisible course of conduct.’ ” (Lopez, supra, 119 Cal.App.4th at p. 137.) Lopez agreed stating, “In resolving section 654 issues, our California Supreme Court has recently stated that appellate courts should not ‘parse[] the objectives too finely.’ [Citation.] To allow multiple punishment for possessing ammunition in a firearm would, in our judgment, parse the objectives too finely. While there may be instances when multiple punishment is lawful for possession of a firearm and ammunition, the…