Can a defendant stay his sentence for resisting arrest under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Arciniega, B263746 (Cal. App. 2016):

With respect to both offenses, sentence was not imposed, and defendant was granted probation. It is true that section 654 prohibits multiple punishment for a single physical act that violates different provisions of law. However, because probation does not constitute "punishment," section 654 is not applicable to defendant's case. (See People v. Wittig (1984) 158 Cal.App.3d 124, 137; People v. Stender (1975) 47

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Cal.App.3d 413, 425, overruled on other grounds in People v. Martinez (1999) 20 Cal.4th 225, 240.) We therefore reject defendant's claim that the trial court was required to stay the sentence for resisting arrest.

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