People v. Sanders
55 Cal. 4th 731
| Cal. | 2012Background
- Officers found two operable shotguns and ammo at Sanders’ residence during a parole search.
- Sanders was charged with two counts of possessing a firearm after conviction of a felony (former §12021(a)(1)) based on prior felonies (§422, §246.3, §207).
- Also charged with two counts of possessing a firearm after conviction of a specified violent offense (former §12021.1(a)).
- Jury convicted Sanders on all four counts based on possession of two firearms.
- Trial court sentenced to two concurrent terms for §12021(a)(1) offenses and stayed the §12021.1(a) terms; three prior-prison-term enhancements were struck; Court of Appeal reversed some convictions and stayed the second §12021(a)(1) sentence.
- Court granted review to address whether §12021.1(a) is a necessarily included offense of §12021(a)(1) and whether multiple punishments could be imposed for simultaneous possession of two firearms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is §12021.1(a) a necessarily included offense of §12021(a)(1)? | Sanders (State) argues §12021.1(a) is a lesser included offense of §12021(a)(1). | Sanders contends neither statute is a necessary inclusion of the other; multiple convictions allowed. | Neither statute is necessarily included in the other; multiple convictions proper. |
| May Sanders be separately punished for two firearms under §§12021(a)(1) and 12021.1(a) based on possession of two guns? | State contends separate punishments permitted for distinct offenses (two guns). | Sanders contends punishment should be stayed or limited. | Yes for separate punishments based on distinct offenses; but not for possession of the same firearm. |
| What is the correct application of Penal Code §654 to the concurrent sentences? | State argues §654 allows multiple punishments where statutes differ. | Defense argues §654 bar, or supports staying one sentence. | §654 does not bar multiple punishments for distinct offenses arising from possession of separate guns; require staying only the appropriate offenses. |
Key Cases Cited
- People v. Ortega, 19 Cal.4th 686 (Cal. 1998) (establishes rule that multiple convictions may arise from single act; exceptions for necessarily included offenses must be based on elements)
- People v. Reed, 38 Cal.4th 1224 (Cal. 2006) (elements test for whether one offense is included in another; abstract consideration)
- People v. Lopez, 19 Cal.4th 282 (Cal. 1998) (defines elements test for inclusion with lesser offense)
- People v. Sanchez, 211 Cal.App.3d 477 (Cal. App. 1989) (illustrates application of inclusion principles to firearm offenses)
- People v. Correa, 54 Cal.4th 331 (Cal. 2012) (holds multiple punishments allowed for same statute; limit on staying sentences under §654 in cross-statute contexts)