Error and/or relief
The sentence for the defendant’s conviction for unlawful possession of ammunition should be stayed because it arises from the same, indivisible act underlying his conviction for possession of a firearm by a felon.
First Holding:
Section 654(a) provides that an act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision. Courts have found section 654 prohibits punishing a defendant for both being a felon in possession of a firearm and unlawful possession of ammunition when all of the ammunition in question was loaded into the firearm or had been fired from it.
Authority:
People v. Broadbent (2020) 47 Cal.App.5th 917, 922
Second Holding:
Because a stay of the defendant’s 16-month sentence on count three results in a relatively minor reduction in his total sentence [essentially, 67.333 years to life], we will modify the judgment instead of remanding the case for further proceedings.
Authority:
People v. Burns (1984) 158 Cal.App.3d 1178, 1184 [Staying execution of the penalty imposed for the lesser offense remains the preferred remedy where the reduction in sentence would be relatively minor]