Does the imposition and execution of a sentence on a false imprisonment count violate section 654 of the Civil Code?

California, United States of America


The following excerpt is from People v. Karavolos, B266184 (Cal. App. 2016):

Given the evidence in support of the false imprisonment conviction, we conclude that the imposition and execution of sentence on that count did not violate section 654 because the trial court found that the offense was separate and distinct from the other offenses and substantial evidence supported that finding. Moreover, as explained above, a violation of section 654 does not implicate federal constitutional concerns. (People v. Sloan, supra, 42 Cal.4th at pp. 120-121.)

Other Questions


What are the elements of a violation of section 422 of the California Code of Civil Procedure, section 422(1) of the Criminal Code, and what is the test for that violation? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
In what circumstances will a court overturn a finding of false imprisonment and violation of civil rights under Civil Code section 52.1? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
What is the effect of section 1714 of the Civil Code 2 (b) and (c) of the California Civil Code, and what are the implications of that section? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (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 breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does a defendant have a right against double jeopardy when he is convicted of two counts of violating section 148 of the California Civil Code of Civil Procedure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.