Does Section 654 of the California Criminal Code require a defendant to plead guilty to a charge of recklessly driving under the Highway Traffic Safety Act?

California, United States of America

The following excerpt is from People v. Williams, E071016 (Cal. App. 2019):

Section 654 directs, "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." The purpose of this section is to "ensure that the defendant's punishment will be commensurate with his culpability." (People v. Sanders (2012) 55 Cal.4th 731, 742; People v. Jones (2012) 54 Cal.4th 350, 367.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)

Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)

Does section 1025 of the California Criminal Code require a defendant to personally plead guilty to a charge of assault? (California, United States of America)

What is the effect of section 654 of the California Criminal Code when a defendant is found guilty of a charge under Section 654, subdivision (a) of the Criminal Code? (California, United States of America)

Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)

What is the effect of Section 969a of the California Criminal Code when a jury has found a defendant not guilty of a charge of assault but found him guilty of the same charge? (California, United States of America)

What is the test for section 654 of the California Criminal Code when a defendant is found guilty of a charge of recklessly driving under the influence of alcohol? (California, United States of America)

Is there any case law where a defendant has been found guilty of a charge under section 1109 of the California Criminal Code of Civil Procedure for domestic violence prior to the charge being brought against him? (California, United States of America)

Does section 654 of the California Criminal Code allow a defendant to be convicted of a single charge of street terrorism and a separate charge of attempted murder for a single drive-by shooting? (California, United States of America)

What is the effect of section 1387 of the California Criminal Code on the prosecution of a defendant who has been found not guilty of a charge under Section 1387? (California, United States of America)

Does Section 654 of the California Criminal Code require a defendant to plead guilty to a charge of recklessly driving under the Highway Traffic Safety Act?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources