Is a defendant's sentence for unlawfully taking or driving a vehicle in count 5 of the California Vehicle Accused Robbery and Vehicle Theft Act stayed?

California, United States of America


The following excerpt is from People v. McGrail, E064766 (Cal. App. 2016):

The parties agree that if there is sufficient evidence to support defendant's robbery conviction on count 3for which he was sentenced to six years in prisonhis eight-month sentence for unlawfully taking or driving a vehicle in count 5 should be stayed pursuant to section 654 because the robbery and vehicle theft constituted an indivisible course of action. Section 654 bars multiple punishment for both a single act that violates more than one criminal statute and multiple acts, where those acts comprise an indivisible course of conduct incident to a single criminal objective and intent. (People v. Latimer (1993) 5 Cal.4th 1203, 1208.)

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