Supreme Court of California

In a conviction of a defendant for possessing a firearm after conviction of a felony and for possessing a firearm after conviction of a specified violent offense, the Court of Appeal's reversal of defendant's 12021.1(a) convictions on the ground that violent offender in possession under section 12021.1(a) is a necessarily included offense of offender in possession under section 12021(a)(1), is reversed where: 1) neither section 12021.1(a) nor section 12021(a)(1) is a necessarily included offense of the other; 2) a defendant may be separately punished for two violations of section 12021(a)(1) and of section 12021.1(a) based on his simultaneous possession of two firearms, but he may not also be separately punished for violations of section 12021(a)(1) and section 12021.1(a) based on possession of the same firearm.

Appellate Information

• Decided 11/19/2012
• Published 11/19/2012

Judges

• Corrigan

Court

• Supreme Court of California

Counsel