Does lack of an objection constitute a forfeit of section 654 application?
California, United States of America
The following excerpt is from People v. Gregg, C077234 (Cal. App. 2015):
2. Lack of an objection does not constitute a forfeit of section 654 application. Because a trial court acts in excess of its jurisdiction and imposes an unauthorized sentence when it erroneously fails to stay execution of a sentence subject to the multiple punishment ban, a claim of error on that ground is not forfeitable. (People v. Le (2006) 136 Cal.App.4th 925, 931.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
What is the constitutional attack on the meaning of Section 5 of the Constitution in the context of Section 7(1) of the Civil Rights Act? (California, United States of America)
What is the applicable section of section 186.22(b)(1)(C) of the California Criminal Code for the attempted murder of a man who was convicted of the crime of attempted murder? (California, United States of America)
Is a restitution fine under section 1202.4 forfeited by failure to object? (California, United States of America)
Does failing to object to evidence under section 352 constitute ineffective assistance of counsel? (California, United States of America)
How have the courts interpreted section 30(e) of the US Constitution on the grounds that the provisions of article 30(E) of Section 50(e of the Civil Rights Act are invalid? (California, United States of America)
Does a juror questionnaire constitute part of the "examination" for purposes of section 232 of the Code of Civil Procedure section 232? (California, United States of America)
Does a defendant's failure to object to a fine under Penal Code section 1202.4 at the time it was imposed based on the ability to pay forfeits the issue for appeal? (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)
