Can a defendant who has been convicted of multiple offences under section 654 of the California Criminal Code, stay execution of one of the crimes?

California, United States of America


The following excerpt is from People v. Gonzalez, C068273, C069071 (Cal. App. 2014):

Section 654 provides in pertinent part: "(a) An 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." The statute does not prohibit multiple convictions for the same conduct, only multiple punishments. (People v. Monarrez (1998) 66 Cal.App.4th 710, 713.) "In such a case, the proper procedure is to stay execution of sentence on one of the offenses." (Ibid.)

In any section 654 inquiry, the court must initially ascertain the defendant's objective and intent. (People v. Porter (1987) 194 Cal.App.3d 34, 38.) " 'If he entertained multiple criminal objectives which were independent of and not merely incidental to each other, he may be punished for independent violations committed in pursuit of each objective even though the violations shared common acts or were parts of

Page 12

Other Questions


Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (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)
How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code? (California, United States of America)
Does Section 1170.1 of the California Criminal Code apply to sentencing a defendant who has been convicted of multiple criminal convictions for the same crime? (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)
What is the test for an enhancement to a conviction under section 186.22(b)(1) of the California Criminal Code when a defendant is convicted of a criminal street crime committed for the benefit of a street gang? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (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 defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.