Can a defendant be sentenced to two concurrent sentences under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Hurtado, 2d Crim. No. B271115 (Cal. App. 2017):

"'It has long been established that the imposition of concurrent sentences is precluded by section 654 [citations] because the defendant is deemed to be subjected to the term of both sentences although they are served simultaneously.'" (People v. Jones, supra, 54 Cal.4th at p. 353.) "Instead, the accepted 'procedure is to sentence defendant for each count and stay execution of sentence on certain of the convictions to which section 654 is applicable.'" (Ibid., italics added.) Here the abstract of judgment must be corrected to reflect that the sentence on count 4 is stayed under section 654.

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