Can a defendant be punished for either kidnapping for robbery or kidnapping for kidnapping under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Norrell, 13 Cal.4th 1, 51 Cal.Rptr.2d 429, 913 P.2d 458 (Cal. 1996):

As pertinent, section 654 provides: "An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one...." The parties agree that under our interpretation of this provision, the defendants may be punished for either the kidnapping for robbery or the robbery, but not both. (See generally People v. Latimer (1993) 5 Cal.4th 1203, 23 Cal.Rptr.2d 144, 858 P.2d 611.) Where two such counts are involved, the proper procedure is to impose sentence for both of [13 Cal.4th 14] the counts, and stay sentence for one of them. (People v. Pearson (1986) 42 Cal.3d 351, 359-361, 228 Cal.Rptr. 509, 721 P.2d 595.) That is what the trial court did. The sole issue here is whether the court had discretion to impose only the lesser sentence and stay the greater.

Other Questions


Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
Can a defendant be punished under section 654 of the California Criminal Code for failing to comply with the requirements of Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
Does section 654, subdivision (a) of the California Code of Civil Procedure, Section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.