P. v. Hewitt CA3
A jury found defendant James Edward Hewitt III guilty of being a felon in possession of a firearm (count 1) and a felon in possession of ammunition (count 2). The trial court sentenced defendant to four years on count 1 and a concurrent four years on count 2.
Defendant now contends the trial court should have stayed the sentence on count 2 pursuant to Penal Code section 654. The People agree and so do we. We will modify the judgment to stay the sentence on count 2 and affirm the judgment as modified.
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