Is a defendant entitled to a reduction in his sentence under section 654 of the California Vehicle Code?

California, United States of America


The following excerpt is from People v. Montes, 273 Cal.Rptr.3d 915, 59 Cal.App.5th 1107 (Cal. App. 2021):

Defendant claims that his conviction for violating Vehicle Code section 10851, subdivision (a), must be reversed because he cannot be convicted of both taking and receiving the same property, and that his sentence for vandalism on count 10 must be stayed under section 654 because the damage to the semi underlying that conviction occurred during the course of his flight from police underlying his conviction on count 8. Defendant also claims, in accordance with the postsentencing decision in People v. Dueas (2019) 30 Cal.App.5th 1157, 242 Cal.Rptr.3d 268 ( Dueas ), that he is entitled to relief from the fines and assessments imposed until and unless the People demonstrate he has the ability to pay.

The People dispute defendant's entitlement to any relief on his claims.

Other Questions


Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (California, United States of America)
What is the effect of section 654 of the California Vehicle Code on a defendant's sentence for a violation of section 23153 of the Vehicle Code? (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)
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)
Is a person who has unlawfully taken a vehicle in violation of section 10851 of the California Motor Vehicle Code entitled to sentencing relief under Proposition 47? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, section 1170.1? (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)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.