People v. Mesa

Opinion

LIU, J.

Penal Code section 654 provides that a defendant may be punished only once for “[a]n act or omission that is punishable in different ways by different provisions of law.” (All statutory references are to the Penal Code.) In each of two separate incidents, defendant Tommy Angel Mesa, a gang member and convicted felon, shot a victim and was convicted of and punished for assault with a firearm, possession of a firearm by a felon, and actively participating in a criminal street gang. As explained below, we hold that on the facts here, punishing defendant for assault with a firearm…