People v. Sanders
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Defendant was convicted on two counts of possessing a firearm after conviction of a felony in violation of Cal. Penal Code 12021(a)(1) and two counts of possession a firearm after conviction of a specified violent offense in violation of Cal. Penal Code 12021.1(a). All four counts were based on Defendant's simultaneous possession of two firearms. The court of appeal reversed Defendant's section 12021.1(a) convictions, finding that violent offender in possession under section 12021.1(a) was a necessarily included offense of offender in possession under section 12021(a)(1). The Supreme Court reversed, holding (1) Defendant was properly convicted of both offenses because neither section 12021.1(a) nor section 12021(a)(1) is a necessarily included offense of the other; and (2) 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. Remanded.
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