Does the rule of leniency under section 654 of the Criminal Code apply in this case?

Furthermore, given appellant's implicit concession on appeal that the jury could have convicted him on the basis of the "If you call the police I will kill your mother and father" threat, which is fully supported by the trial record, application of the rule-of-lenity presumption in this case would unreasonably conflict with the purpose of section 654, which as noted, is to ensure the appellant's punishment will be commensurate with his criminal culpability. (See People v. Kramer (2002) 29 Cal.4th 720, 723.) Since appellant's claim of sentencing error under section 654 on count four is based only on speculation, we hold he has not met his burden of showing that his punishment for this conviction should be stayed under that section. We will not second-guess the trial court's factual determination that appellant entertained separate objectives, on the basis of speculation alone.

The judgment is reversed and the case is remanded for the limited purpose of resentencing appellant.

Page 24