Can a stay of judgment be imposed on an assault conviction that was stayed pursuant to section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Benson, 54 Cal.App.4th 282, 62 Cal.Rptr.2d 690 (Cal. App. 1997):

2 The abstract of judgment from appellant's 1980 conviction reflects that the assault conviction was stayed although the box indicating the stay was pursuant to section 654 was not checked by the clerk. Both parties assume the stay was pursuant to section 654 which is a reasonable assumption. Appellant testified the two convictions involved one incident. According to the 1980 police and probation reports, appellant entered his neighbor's apartment and stabbed her over 20 times with a knife. Thus, it is reasonable to conclude that appellant entered the victim's apartment with the intent to commit murder which would require the stay to be imposed pursuant to section 654. (Neal v. State of California (1960) 55 Cal.2d 11, 19, 9 Cal.Rptr. 607, 357 P.2d 839.)

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