Is a defendant who failed to argue that section 654 of the California Criminal Code applies to his conviction for resisting a peace officer's arrest?

California, United States of America


The following excerpt is from People v. Mortensen, C083631 (Cal. App. 2018):

3. At sentencing, defendant did not argue that section 654 applied to his conviction for resisting a peace officer. Nor did he object to the concurrent sentence imposed for this conviction. However, defendant's claim is nonetheless reviewable on appeal. (People v. Hester, supra, 22 Cal.4th at p. 295 ["Ordinarily, a section 654 claim is not waived by failing to object below"]; see also People v. Perez (1979) 23 Cal.3d 545, 550, fn. 3 ["Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court or assigned as error on appeal"].)

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