People v. Carrion CA3

DISCUSSION

On appeal, defendant contends his sentence of consecutive state prison terms for conspiracy and possession of a firearm by a felon was an error because his possession of a firearm was incidental in “objective and motive” to the conspiracy to unlawfully take and sell wild game. We agree that defendant’s sentence for possession of a firearm by a felon must be stayed pursuant to section 654. Section 654, subdivision (a) provides in relevant part as follows: “[a]n 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.” (People v. Atencio (2012) 208 Cal.App.4th 1239, 1243.) At its simplest,

3 section 654 precludes multiple punishment for a single act or for a course of conduct comprising indivisible acts. (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.) We review the trial court’s findings in the light most favorable to the respondent and presume the existence of every fact the trial court could reasonably deduce from the evidence. (People v. Jones, supra, 103…