Can a defendant argue that his concurrent sentence violates section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Gardner, E052298, Super.Ct.No. FVA1000970 (Cal. App. 2011):

Defendant's arguments are both foreclosed by his plea agreement and rule 4.412, which states as follows: "By agreeing to a specified prison term personally and by counsel, a defendant who is sentenced to that term or a shorter one abandons any claim that a component of the sentence violates section 654's prohibition of double punishment, unless that claim is asserted at the time the agreement is recited on the record." Rule 4.412 applies to a contention that concurrent terms violate section 654. (People v. Valenzuela (1993) 14 Cal.App.4th 837, 841.)

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