Is a defendant entitled to raise a challenge under Penal Code section 654 even if the trial court suspended imposition of sentence and placed him on probation?

California, United States of America


The following excerpt is from People v. Christensen, C050105 (Cal. App. 5/1/2007), C050105 (Cal. App. 2007):

Defendant proceeds on the mistaken assumption that he is entitled to raise a challenge under Penal Code section 654 even though the trial court suspended imposition of sentence and placed him on probation. Probation, whether or not accompanied by a jail term, is not considered punishment within the meaning of Penal Code section 654. The proper time for determining whether Penal Code section 654 applies, and implementing its protection if it does, is when the court pronounces judgment and imposes sentence. (People v. Lofink (1988) 206 Cal.App.3d 161, 168; People v. Wittig (1984) 158 Cal.App.3d 124, 137.) In his reply brief, defendant asks us to carve out an exception to this rule in the interest of judicial economy. Judicial economy favors the rule, not the proposed exception. We decline the invitation.

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