Does section 654 of the California Criminal Code apply to a conviction for assault and carjacking?

California, United States of America


The following excerpt is from People v. Davis, C071689 (Cal. App. 2014):

The trial court explicitly found that section 654 did not apply to defendant's convictions for assault and carjacking because they were serious and violent felonies. The trial court also explicitly found the assaults and the carjackings were "separate and distinct crimes . . . having different purpose and different intent." We accept a trial court's finding that the defendant harbored a separate intent and objective for each offense if the court's findings are supported by substantial evidence. (People v. Williams (2009) 170 Cal.App.4th 587, 645.)

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