Does section 654 of the California Criminal Code prohibit punishment for both making a criminal threat and an attempted extortion?

California, United States of America


The following excerpt is from The People v. Josue H, B219076, No. FJ45837 (Cal. App. 2010):

10. Because we conclude section 654 precluded punishment for both making a criminal threat and attempted extortion, there is no need to recalculate the maximum term of confinement to include the attendant gang enhancement, as requested by the People. (People v. Kramer (2002) 29 Cal.4th 720, 722 ["[w]hen a defendant is convicted of two or more offenses for which section 654 prohibits multiple punishment, the trial court must impose sentence on one of them and stay imposition of sentence for the others"]; see also Cal. Rules of Court 4.424.)

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