People v. Gaskill

In People v. Gaskill (1980) 110 Cal.App.3d 1, a defendant pleaded guilty to unlawful possession of a sawed-off shotgun in exchange for a dismissal of an assault with a deadly weapon charge and other offenses arising out of the same incident. In imposing the upper term, the appellate court held the facts underlying the assault and use of the deadly weapon were properly considered, as they all arose out of the same incident. "Here the sawed-off shotgun was brandished in the gasoline station in a threatening manner. By so exhibiting the weapon defendant's illegal possession of it came to light . . . ." ( Id., at p. 4.)