Does a failure to raise section 654 in the trial court create forfeiture?

California, United States of America


The following excerpt is from People v. Block, D074624 (Cal. App. 2019):

2. Failure to raise section 654 in the trial court does not create a forfeiture. A sentence in violation of that section is unauthorized, People v. Hester (2000) 22 Cal.4th 290, 295.

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
What is the duty of a trial court to instruct a jury on the general principles of law relevant to the issues raised by the trial? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Does section 987.8(b) of the California Criminal Code require a motion by the Court of Appeal to remand a case back to the trial court? (California, United States of America)
How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.