IN RE: QUENTIN F. (2010)

Court of Appeal, Second District, California.

IN RE: QUENTIN F., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. QUENTIN F., Defendant and Appellant. Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.

B213503

Decided: February 25, 2010

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Sarah J. Farhat and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

The juvenile court sustained a petition charging appellant with one count of possession of a firearm and one count of possession of live ammunition. The court sentenced appellant to an aggregated maximum confinement of three years, ten months.

It is undisputed that the ammunition was in the gun. Therefore, appellant argues, the court should have stayed execution of the sentence for possession of the ammunition under Penal Code section 654 because possession of the gun and possession of the ammunition with which the gun was loaded constituted an “ ‘indivisible course of conduct.’ ” (People v. Lopez (2004) 119 Cal.App.4th 132, 138.) The People agree with appellant's reasoning and we concur.

DISPOSITION

NOT TO BE PUBLISHED.

We concur:

MALLANO, P. J. CHANEY, J.

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