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People v. Atencio, C063710

By FindLaw Staff on December 02, 2010 | Last updated on March 21, 2019

Sentencing challenge in a firearm related conviction

People v. Atencio, C063710, concerned a challenge to a 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.


In affirming the sentence, the court held that, 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.  Further, 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.

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