Does section 654 of the Criminal Code require a stay of sentence for a defendant who brandished a shotgun both before and after he brandished it?
California, United States of America
The following excerpt is from People v. Palmer, C069193 (Cal. App. 2013):
Under the facts of this case, it is clear that defendant possessed the shotgun both before and after he brandished it, in a manner and time sufficiently separate and distinct from his conduct in brandishing it, such that section 654 does not compel that his sentence on count 3 be stayed. (See also People v. Jones (2002) 103 Cal.App.4th 1139,
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