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California Court of Appeal


People v. Atencio, C063710

Trial court's imposition of 12 years and 4 months' imprisonment upon a defendant convicted for grand theft of a firearm and firearm possession by a felon, is affirmed where: 1) because defendant's conduct involved two distinct and separate criminal acts that made his conduct more culpable than if only one circumstance were present, section 654 does not prohibit punishing him for both offenses; and 2) because defendant's grand theft and unlawful firearm possession offenses constituted separate criminal acts with different criminal intents, the trial court did not abuse its discretion by imposing consecutive sentences in concluding that those crimes were predominantly independent of each other.

Appellate Information

  • Decided 12/01/2010
  • Published 12/01/2010

Judges

  • ROBIE

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jennifer A. Mannix, Edmund G. Brown, Jr.

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