Is a defendant entitled to a concurrent sentence for false imprisonment and making a criminal threat under section 654 of the Penal Code?

California, United States of America


The following excerpt is from People v. Gonzalez, F073128 (Cal. App. 2018):

Defendant argues the trial court erred in imposing concurrent sentences for his convictions for false imprisonment and making a criminal threat rather than staying the sentences under section 654, which bars multiple punishment for the same act or omission. (People v. Corpening (2016) 2 Cal.5th 307, 311.) As defendant contends, it is error for a trial court to impose a concurrent sentence if Penal Code section 654 applies. (People v. Jones, supra, 54 Cal.4th at p. 353.) The proper procedure, if the statute applies, is to impose a sentence but stay its execution, despite little practical difference between a concurrent sentence and a stayed sentence. (Ibid.)

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