People v. Portillo CA1/4

Filed 11/26/25 P. v. Portillo CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A169102 v. (Contra Costa County JAVIER PORTILLO, Super. Ct. No. 5002002020) Defendant and Appellant.

Defendant Javier Portillo appeals from a judgment entered after a jury trial. He contends the trial court should have stayed under Penal Code section 6541 a sentence imposed for possession of a short-barreled rifle or shotgun because the conviction was based on the same act as that upon which another conviction, for possession of an assault weapon, was based. The People agree. The parties are correct. We shall order the sentence for count 5 stayed.

1 Undesignated statutory citations are to the Penal Code.

1

I. BACKGROUND In January 2020, a grand jury returned an indictment charging Portillo with numerous crimes and enhancements, including count 4, possession of an assault weapon, an AR15 assault rifle (§ 30605, subd. (a)), and count 5, possession of a short-barreled rifle or shotgun (§ 33215). The charges were based on allegations that Portillo attempted to commit murder and assault and to injure his spouse with a firearm, and included that he was also in unlawful possession of both an assault weapon and a short-barreled rifle or shotgun. A jury found Portillo guilty of assault with a semiautomatic firearm, injuring a spouse, possession of an assault weapon, possession of a short- barreled rifle or shotgun, two counts of possession of a silencer, and four counts of disobeying a court order. The jury also found various enhancement allegations to be true. The court imposed a total sentence of 15 years and four months in state prison. This sentence included a consecutive eight-month midterm for the count 4 possession of an assault weapon and a concurrent two-year midterm for the count 5 possession of a short-barreled rifle or shotgun. Portillo filed a timely notice of appeal. II. DISCUSSION We agree with the parties that the trial court should have stayed under section 654 his sentence for the count 5 conviction, possession of a short-barreled rifle or shotgun. A person may be convicted of more than one crime for the same act, but cannot receive multiple punishments for that same act pursuant to section 654, subdivision (a), which provides in relevant part: “An act or