Does section 654, subdivision (a) of the California Criminal Code apply to stay a sentence imposed for a violation of a restraining order?

California, United States of America


The following excerpt is from People v. Tate, B287447 (Cal. App. 2019):

"Section 654, subdivision (a) provides that '[a]n 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.'" (People v. Jackson (2016) 1 Cal.5th 269, 353-354.) Defendant contends that in addition to applying section 654 to stay the sentence it imposed for the violating a restraining order conviction, the trial court should have stayed the concurrent

Page 24

sentence it imposed for the vandalism conviction on section 654 grounds.

Other Questions


Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
What is the effect of the one third-the-midterm rule of section 1170.1, subdivision (a) under section 654 of the California Criminal Code when applying to stay a sentence under Section 654? (California, United States of America)
Is a sentence imposed under section 667.61 of the California Criminal Code requiring that the sentences imposed under that section be served consecutively? (California, United States of America)
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 section 654, subdivision (a) of the California Criminal Code apply if a court imposes a concurrent or consecutive sentence for a separate crime arising from an indivisible course of conduct? (California, United States of America)
If a court imposes a sentence that is unenforceable under section 1170.1, subdivision (i) of the California Criminal Code, can a reviewing court correct that sentence? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Does section 1170.1 of the California Criminal Code apply to separate criminal cases that are sentenced separately but ordered to run concurrently? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant convicted of violating a restraining order? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.