Does section 654 of the California Criminal Code apply to any sentence?

California, United States of America


The following excerpt is from People v. Rogers, D072723 (Cal. App. 2018):

5. Neither Rogers, the prosecutor, the probation officer, nor the trial court appear to have considered at sentencing whether section 654 applied to any of the sentences. We may nevertheless consider the issue. (See People v. McCoy (2012) 208 Cal.App.4th 1333, 1338 ["The failure of defendant to object on this basis in the trial court does not forfeit the issue on appeal."].)

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