How has section 654 of the Penal Code been applied in sexual assault cases?

California, United States of America


The following excerpt is from People v. Wynne, B251478 (Cal. App. 2015):

In People v. Harrison (1989) 48 Cal.3d 321, 336, the court declined to apply section 654 to a sexual attack over a 7 to 10 minute period in which the defendant inserted his finger into the victim's vagina three separate times, separated by other violent acts by the defendant. (Id. at pp. 325-326.) The court affirmed the sentencing of defendant to three consecutive terms for each crime of sexual penetration, holding that to apply section 654 on the basis that the sexual acts were all the same and done in sequence

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