Does section 654 of the Penal Code apply?
California, United States of America
The following excerpt is from People v. Burney, 115 Cal.App.3d 497, 171 Cal.Rptr. 329 (Cal. App. 1981):
In the instant case appellant committed crimes of violence against different victims. Therefore Penal Code section 654 does not apply. (People v. Miller (1977) 18 Cal.3d 873, 885, 135 Cal.Rptr. 654, 558 P.2d 552.) Thus the sentencing court is without authority to stay the second count. The trial judge properly sentenced on both counts, and in exercising his discretion ordered that the sentences were to run concurrently.
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