Can a contention that a count has been sentenced in violation of section 654 be raised on appeal?
California, United States of America
The following excerpt is from People v. Jones, D072764 (Cal. App. 2018):
A contention that a count has been sentenced in violation of section 654 can be raised for the first time on appeal. (People v. Hester (2000) 22 Cal.4th 290, 295.) A sentence imposed in violation of section 654 is unauthorized, thus the failure to object in
Page 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced? (California, United States of America)
Does a minor who fails to object below to a sentence that violates section 654 of the California Criminal Code have to appeal against the sentence? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Is Section 654 of the California Criminal Code violated when a court considers a felony conviction for which the sentence should have been stayed pursuant to section 654 as part of the calculation of a restitution fine? (California, United States of America)
Does evidence that violates Evidence Code section 1150 need to be objected at trial to preserve the contention on appeal? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Is a sentence imposed in violation of section 654 of the Criminal Code, or is it an unauthorized sentence? (California, United States of America)
Does a defendant who failed to raise a section 654 claim at sentencing forfeit the claim on appeal? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
Is the sentence as to count 2 of the 2 counts of perjury stayed pursuant to section 654 of the California Criminal Code? (California, United States of America)
