Can a convicted burglar receive a concurrent sentence for both the crime and the felony objective or target of the crime?

California, United States of America


The following excerpt is from People v. Bibb, E049500, Super.Ct.No. RIF135310 (Cal. App. 2011):

As discussed in section 2, section 654 precludes multiple punishment for an indivisible course of conduct. (People v. Lee (1980) 110 Cal.App.3d 774, 785.) Concurrent sentences for crimes based on one act or indivisible transaction constitute multiple punishment. (Ibid.) The statute has also been held to preclude separate punishment for both burglary and the felony objective or target of the burglary because

Page 11

Other Questions


Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Does section 654 of the California Criminal Code require a concurrent or concurrent sentence for a defendant convicted of a series of crimes committed at the same time under different criminal objectives? (California, United States of America)
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
Can a convicted felon who has completed a felony sentence for a crime that has now been reduced to a misdemeanour under Proposition 47, petition for a recall of that sentence? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
Is a convicted burglar who was convicted of a crime pursuant to section 459.59.4(1) of the Criminal Code who appealed against his sentence? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.