California, United States of America
The following excerpt is from People v. Theus, No. B217973 (Cal. App. 6/7/2010), No. B217973. (Cal. App. 2010):
Appellant suggests the court was obligated to analyze on the record the evidence supporting its imposition of multiple sentences and make express findings in support of its ruling under section 654. Appellant is mistaken because the court's findings under section 654 may be implied instead of express. (People v. Sanchez, supra, 179 Cal.App.4th at p. 1310.) In any case, the court stated on the record that it rejected appellant's assertion that section 654 required the court to stay the sentences for false imprisonment and making criminal threats. Explaining its ruling under section 654, the court stated: "As to count 2 [assault likely to cause great bodily injury], the court does agree with defense counsel, that Penal Code section 654 applies. . . . In the court's opinion it was the same intent and objective that was displayed in regards to counts 1 [battery of former cohabitant] and 2." But, the court further explained, "As to count 3 [making criminal threats] and count 4 [false imprisonment], the court is in agreement with the People that 654 does not apply as to those charges based on the evidence that was produced during the court of the trial."
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