Does the waiver doctrine apply to a motion under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Dhillon, C090931 (Cal. App. 2021):

[7]Defendant contends the People's argument under section 654 was forfeited and the authorities on which they rely do not support the contention that the stay imposed in this case was an unauthorized sentence. We reject defendant's attempt to recast the People's argument as a challenge to the statement of reasons given by the trial court. It is settled that the waiver doctrine does not apply to questions involving the applicability of section 654. Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court or assigned as error on appeal. (People v. Perez (1979) 23 Cal.3d 545, 550, fn. 3.)

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