California, United States of America
The following excerpt is from People v. Hester, 69 Cal.App.4th 899, 81 Cal.Rptr.2d 791 (Cal. App. 1999):
Ordinarily, a Penal Code section 654 claim is not waived by failing to object below. "[T]he waiver doctrine does not apply to questions involving the applicability of section 654. 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." (People v. Perez (1979) 23 Cal.3d 545, 549-550, fn. 3, 153 Cal.Rptr. 40, 591 P.2d 63.) However, it is equally well established that a defendant who enters into a plea agreement whereby he pleads guilty or no contest in exchange for a specified term thereby gives up any claims of sentencing error which would have the effect, if successful, of altering the specified term. (People v. Couch (1996) 48 Cal.App.4th 1053, 1058, 56 Cal.Rptr.2d 220.) It follows that a defendant who enters into a plea agreement which requires the imposition of a sentence which would otherwise violate Penal Code section 654 implicitly waives a contention that the sentence to which he explicitly agreed violates Penal Code section 654. The same holds true where a defendant expressly waives any or all Penal Code section 654 violations as a term of the plea agreement.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.