Does Section 654 of the California Criminal Code apply to an assault conviction in count 3 of the assault charge?
California, United States of America
The following excerpt is from People v. Lee Arthur Fort, E064633 (Cal. App. 2017):
conviction in count 3. (See People v. Hester, supra, 22 Cal.4th at p. 294 [ 654 prohibited separate terms on assault and burglary convictions where the burglary was committed solely with the intent to commit the assault]; cf. People v. Cardenas (2015) 239 Cal.App.4th 220, 229-233 [multiple victim exception to 654 applies where burglary is crime of violence based on allegations in charging document and found true by trier of fact].)
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