Is a defendant who waives any or all Penal Code section 654 violations by failing to object below?

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.

Other Questions


Can a defendant be punished for multiple violations of section 290, subdivision (b) of the Ontario Criminal Code for failing to register under section 290 of the Act? (California, United States of America)
Does a defendant's failure to object to fees imposed pursuant to Penal Code section 1203.1b waive their right to appeal? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (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 burden of proof required for defendant to have his felony conviction of violating Vehicle Code section 10851 reduced to a misdemeanor under Penal Code section 1170.18? (California, United States of America)
Can a defendant be successful on appeal against a finding of not guilty of a section 288.7, subdivision (b) violation of section 288 of the California Penal Code? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment? (California, United States of America)
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
Is a sentence for failing to attend a joint hearing on two separate charges under section 654 of the California Penal Code against a defendant convicted of failing to appear at the hearing of both insufficient funds cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.