Does Section 654 bar punishment of a defendant for the acts committed against two false imprisonment victims?

California, United States of America


The following excerpt is from People v. Newman, 188 Cal.Rptr.3d 910, 238 Cal.App.4th 103 (Cal. App. 2015):

Our conclusion that section 654 does not bar punishment of defendant for the acts committed against the two false imprisonment victims means that the trial court incorrectly applied section 654 to the one false imprisonment charge that it stayed. In so doing it imposed an unlawful sentence. An unlawful sentence, including one that is inconsistent with section 654, may be corrected at any time. (People v. Hester (2000) 22 Cal.4th 290, 295, 92 Cal.Rptr.2d 641, 992 P.2d 569.)

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