Can a defendant be sentenced to two concurrent sentences under section 654 of the California Criminal Code for a breach of public security legislation?

California, United States of America


The following excerpt is from People v. Hooks, E072513 (Cal. App. 2020):

Section 654, subdivision (a), provides in pertinent part, "[a]n act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." " 'Under section 654, "a course of conduct divisible in time, although directed to one objective, may give rise to multiple violations and punishment. [Citations.]" [Citations.] This is particularly so where the offenses are temporally separated in such a way as to afford the defendant opportunity to reflect and to renew his or her intent before committing the next one, thereby aggravating the violation of public security or policy already undertaken.' " (People v. Andra (2007) 156 Cal.App.4th 638, 640.)

"Imposition of concurrent sentences is not the correct method of implementing section 654, because a concurrent sentence is still punishment." (People v. Alford (2010) 180 Cal.App.4th 1463, 1468.) "[T]o implement section 654, the trial court must impose sentence on all counts, but stay execution of sentence as necessary to prevent multiple punishment." (Id. at p. 1469.)

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