People v. Winchell

Defendant Winchell has appealed from a judgment in which he was convicted of possession by an ex-felon of a firearm capable of being concealed upon the person in violation of the provisions of section 12021 of the Penal Code, and was sentenced to state prison.

Defendant’s sole contention on appeal is that his prosecution and punishment for this offense were barred, under the provisions of section 654 1 of the Penal Code, because of his prior conviction of, and sentence for, possession of burglar’s tools in violation of the provisions of section 466 of that code.

The facts giving rise to the…