People v. Jones ,
CalSup , Case #: S179552
Opinion Date: 6/21/2012 , DAR #: 8467
Case Holding:
Under Penal Code section 654, a defendant can be punished only once for multiple convictions involving a single act or omission. Appellant was convicted of possession of a firearm by a convicted felon, carrying a readily accessible concealed and unregistered firearm, and carrying an unregistered loaded firearm in a public place. The three offenses stemmed from the same incident where the police searched a vehicle driven by appellant and found a loaded gun not registered to appellant in the door panel. Appellant was sentenced to three concurrent terms. Overruling In re Hayes (1969) 70 Cal.2d 604, and disapproving People v. Harrison (1969) 1 Cal.App.3d 115, the Supreme Court focused on the actual language of section 654, which proscribes multiple punishment for a single act or omission made punishable by different statutes. Recognizing that situations may arise where it is difficult to ascertain what a single act might be, the Court nevertheless found the single act approach preferable to one where the court would have to divine the objective[s] the defendant might have in committing the crime.
Opinion Date: 6/21/2012 , DAR #: 8467
Case Holding:
Under Penal Code section 654, a defendant can be punished only once for multiple convictions involving a single act or omission. Appellant was convicted of possession of a firearm by a convicted felon, carrying a readily accessible concealed and unregistered firearm, and carrying an unregistered loaded firearm in a public place. The three offenses stemmed from the same incident where the police searched a vehicle driven by appellant and found a loaded gun not registered to appellant in the door panel. Appellant was sentenced to three concurrent terms. Overruling In re Hayes (1969) 70 Cal.2d 604, and disapproving People v. Harrison (1969) 1 Cal.App.3d 115, the Supreme Court focused on the actual language of section 654, which proscribes multiple punishment for a single act or omission made punishable by different statutes. Recognizing that situations may arise where it is difficult to ascertain what a single act might be, the Court nevertheless found the single act approach preferable to one where the court would have to divine the objective[s] the defendant might have in committing the crime.
If you are charged with multiple counts of criminal, vehicle, or health and safety code violations, it is very important that your lawyer understands California Penal Code section 654. It could mean the difference of probation or prison.
Contact George Derieg attorney at law today for a free consultation.
www.eastbayattorney.com
George Derieg
510-355-2747
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