Does a sentence for assault against a man convicted of attempted murder have to be stayed?

California, United States of America


The following excerpt is from People v. Ramirez, B209764 (Cal. App. 11/17/2009), B209764. (Cal. App. 2009):

"An act or omission that is punishable in different ways by different provisions of law" shall not "be punished under more than one provision." ( 654, subd. (a).) "Section 654 bars multiple punishment for separate offenses arising out of a single occurrence where all of the offenses were incident to one objective." (People v. Lewis (2008) 43 Cal.4th 415, 519.) Respondent agrees that the assault in this case was indivisible from the attempted murder. Therefore, the sentence for assault must be stayed. (Ibid.)

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