Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCD205388, David M. Gill, Judge.
McINTYRE, J.
A jury found William Henry Hearn guilty of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1); statutory references are to the Penal Code) (count one); carrying a concealed firearm in a vehicle (§ 12025, subd. (a)(1)) (count two); carrying a loaded firearm (§ 12031, subd. (a)(1)) (count three); and unlawful possession of ammunition (§ 12316, subd. (b)(1)) (count four). Hearn entered a negotiated guilty plea to misdemeanor spousal battery (§ 243, subd. (e)(1)) (count five). He admitted serving a prior prison term (§ 667.5, subd. (b)) and the court found he had two strikes (§ 667, subds. (b)-(i)). The court dismissed the prison prior and sentenced Hearn to 25 years to life in prison: 25 years to life on count one, stayed (§ 654) terms of 25 years to life on counts two and three, a concurrent term of 25 years to life on count four, with credit for time served on count five. Hearn appeals, contending the court should have stayed the sentence on count four. The People properly concede the point.
Section 654 precludes punishment for both unlawful possession of a firearm and unlawful possession of ammunition "[w]here... all of the ammunition is loaded into the firearm...." (People v. Lopez (2004) 119 Cal.App.4th 132, 138.) Here, all of the ammunition in count four was in the firearm that was the basis of count one.
DISPOSITION
The judgment is modified by staying (§ 654) the sentence on count four. As so modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment and to forward it to the Department of Corrections and Rehabilitation.
WE CONCUR: McCONNELL, P. J., NARES, J.