Can a defendant appeal against his sentence under section 654 of the California Criminal Code for failing to comply with the requirements of the Court of Appeal?
California, United States of America
The following excerpt is from People v. Stewart, E060622 (Cal. App. 2015):
Defendant asserts that his sentence also violates his Fifth Amendment right against double jeopardy. As he himself recognizes, the prohibition in section 654 is founded on the same constitutional prohibition. (Neal v. State of California (1960) 55 Cal.2d 11, 18.) Accordingly, we find no constitutional violation for the reasons discussed ante.
Page 6
The judgment is affirmed.
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