Is appellant's sentence for aggravated sexual assault stayed?

California, United States of America


The following excerpt is from People v. Nguyen, G053806 (Cal. App. 2018):

Appellant's other two claims require little time. As the Attorney General concedes, because appellant's conviction for aggravated sexual assault in count 1 and sexual intercourse with a child in count 2 were based on the same act of intercourse, his sentence on the latter count must be stayed. (Pen. Code, 654; People v. Mesa (2012) 54 Cal.4th 191, 195.) In addition, the record shows appellant served one more day in

Page 7

Other Questions


What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
What if the jury had been asked to convict Peralta of unlawful sexual intercourse with a minor instead of aggravated rape or aggravated sexual assault by rape? (California, United States of America)
Is a sentencing court acting in excess of its jurisdiction and imposes an unauthorized sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (California, United States of America)
What are the consequences of a court's decision to sentence a defendant to two consecutive sentences for assault and sexual assault? (California, United States of America)
What is the range of sentences available for a defendant who sexually assaulted and sexually assaulted his sister? (California, United States of America)
What is the range of sentences for a man convicted of a serious-felony assault, assault and assault committed under section 654 of the California Criminal Code? (California, United States of America)
Does the Court have jurisdiction to issue an "unauthorized" sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (California, United States of America)
Is there any difference between a prior sexual assault and the current sexual assault? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Does the use of unadjudicated criminal activity as an aggravating factor in a sexual assault case constitute an aggravative factor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.