P. v. Stewart CA3
A jury found defendant Kevin Gary Stewart guilty of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)), possession of a controlled substance while armed with a loaded and operable firearm (Health & Saf. Code, § 11370.1, subd. (a)), and misdemeanor possession of a controlled substance (methamphetamine) (Health & Saf. Code, § 11377, subd. (a)). The trial court sentenced him to an aggregate term of four years eight months in state prison.
On appeal, defendant contends, and the People concede, the trial court erred in failing to stay sentence on his convictions for possession of a firearm by a felon and possession of a controlled substance under section 654. We agree. Accordingly, we will order the sentence on those convictions stayed, and affirm the judgment as modified.
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