Does Section 654 of the California Criminal Code allow for a single offender to receive an unstayed sentence for two separate kidnappings?

California, United States of America


The following excerpt is from People v. Richard, B251125 (Cal. App. 2015):

However, we agree with the Attorney General that the two kidnappings were separately punishable because they were crimes of violence against separate victims. " '[T]he limitations of section 654 do not apply to crimes of violence against multiple victims.' " (People v. Oates (2004) 32 Cal.4th 1048, 1063.) "The multiple victim exception, simply stated, permits one unstayed sentence per victim of all the violent crimes the defendant commits incidental to a single criminal intent." (People v. Garcia (1995) 32 Cal.App.4th 1756, 1784.)

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