Is a sentence imposed under section 654 of the Criminal Code by the Court of Appeal reviewable on appeal?

California, United States of America


The following excerpt is from People v. Upton, A140733 (Cal. App. 2015):

2. This issue is reviewable on appeal even though Upton did not object to his sentence under section 654 in the trial court. "Ordinarily, a section 654 claim is not waived by failing to object below." (People v. Hester (2000) 22 Cal.4th 290, 295; see also People v. Perez, supra, 23 Cal.3d at p. 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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