California Court of Appeal

Defendant's conviction and sentence for gang related assault with a firearm and other related offenses, trial court's imposition of a sentence is affirmed in part, reversed in part, and remanded where: 1) a felon's continuous possession of a single firearm does not permit multiple punishments for violation of the statute that prohibits felons from possessing a firearm; 2) the criminal street gang statute punishes conduct and intentions that are separate from the conduct and intentions that give rise to culpability for assault with a firearm; and 3) where, as in this case, a felon has possession of both a firearm and ammunition that is not in the firearm, separate punishments may be imposed.

Appellate Information

• Decided 07/13/2010
• Published 07/13/2010

Judges

• BENKE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard de la Sota, Edmund G. Brown, Jr.