People v. Harris CA3

DISCUSSION

Relying on People v. Lopez (2004) 119 Cal.App.4th 132 (Lopez), defendant contends the consecutive eight-month sentences imposed for possession of a firearm and possession of ammunition violated section 654’s proscription against multiple punishment for a single criminal act because his “possession of the guns and ammunition was a single criminal act committed for a single criminal objective -- illegal possession of a loaded firearm.” We find Lopez distinguishable and reject defendant’s claim. Section 654 provides in pertinent part: “An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision.” “Section 654 prohibits punishment for two offenses arising from the same act or from a series of acts constituting an indivisible course of conduct. [Citations.] ‘Whether

The probation report did not specify the caliber of the ammunition. Nor did it state how it was packaged and where it was located within the storage shed relative to the firearms. No evidence was…