People v. Hudgins

In People v. Hudgins (1967) 252 Cal. App. 2d 174, the defendant, an ex-felon, broke into his wife's house, shot and killed a male guest, and threatened to kill his wife. On appeal, he argued that section 654 barred punishment for both the murder and his violation of section 12021. The Court rejected this contention. The Court acknowledged that section 654 bars multiple punishment where the offenses are committed "by one act or in a series of acts having but a single purpose . . . ." (Id. at p. 185.) The Court concluded, however, "such was not the case. The acts constituting the offenses were separable. Possession of the gun constituted one offense, and this was an act separate and apart from any use that was made of the gun, and would have been a completed offense even if no use had been made of it. Appellant was properly sentenced for both offenses." (Ibid.)