Does section 654 of the California Criminal Code apply to a defendant who was convicted of rape, sodomy and lewd acts against a minor?
California, United States of America
The following excerpt is from People v. Carter, 246 Cal.Rptr.3d 498, 34 Cal.App.5th 831 (Cal. App. 2019):
In applying section 654, we examine the basis for the two convictions to determine whether both arise out of the same act or course of conduct. Thus in People v. Siko (1988) 45 Cal.3d 820, 248 Cal.Rptr. 110, 755 P.2d 294 ( Siko ), a defendant was convicted of rape, sodomy, and lewd acts on a nine-year-old victim; the lewd acts conviction
[246 Cal.Rptr.3d 512]
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