Can a sentence for assault be stayed under section 654 of the Penal Code?

California, United States of America


The following excerpt is from The People v. Lord, B218805, No. GA074374 (Cal. App. 2010):

4. At sentencing, the defense argued that the sentences should be concurrent but did not argue that a sentence should be stayed under section 654, and the court did not address section 654. "In the absence of any reference to Penal Code section 654 during sentencing, the fact that the court did not stay the sentence on any count is generally deemed to reflect an implicit determination that each crime had a separate objective." (People v. Tarris (2009) 180 Cal.App.4th 612, 626.)

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