Is a convicted burglar entitled to stay his sentence under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from The People v. Marlin, A123166, No. MCUKCRCR0781707 (Cal. App. 2011):

Marlin asserts the court erred in not staying his sentence under section 654 for burglary because, he claims, it encompassed the same intent and objective underlying the second degree murder conviction. "Whether section 654 applies in a given case is a question of fact for the trial court, which is vested with broad latitude in making its determination." (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.) "Its findings will not be reversed on appeal if there is any substantial evidence to support them." (Ibid.)

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)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (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)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Is a convicted criminal entitled to serve consecutive sentences for a felony and a misdemeanor conviction under section 669 of the Penal Code? (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)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Is a convicted burglar who was convicted of a crime pursuant to section 459.59.4(1) of the Criminal Code who appealed against his sentence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.