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Name: People v. Sun
Case #: G035328
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/07/2007
Summary

Penal Code section 954 provides for consolidation of multiple counts charged originally in separate pleadings and not merger of multiple counts into one count. At the trial level, defendant, charged with ten counts of violation of Penal Code section 12020 (weapons possession), successfully moved for consolidation of the counts into one count and dismissal of the remaining nine. The appellate court observed that the weapons statute specifically provided for separate charging and that defendant’s interpretation of section 954 was erroneous. Secondly, suppression of evidence seized pursuant to a warrant based on records required to comply with a gun dealership license is proper. The National Firearms Act, which requires that records be kept in connection with the issuance of a gun dealership license, provides immunity from use of the records in a criminal proceeding, including trials and information that triggers prosecution. Here, the information contained in the affidavit for a warrant was illegally provided by the federal inspector examining appellant’s records and firearms. There was no “good faith” exception as the agent was aware that the evidence had been obtained illegally.