Is section 654 of the California Criminal Code applicable to two counts of assault for two gunshots which occurred within one minute of one another?

California, United States of America


The following excerpt is from People v. Felix, F075537 (Cal. App. 2019):

Moreover, the purpose of section 654 is " 'to insure that a defendant's punishment will be commensurate with his culpability.' " (People v. Trotter (1992) 7 Cal.App.4th 363, 367.) Appellant heightened the risk that Priscilla would experience serious injury with each separate use of a weapon. This notion also justifies the imposition of sentences on the assault counts. (See, e.g., id. at p. 368 [finding 654 did not apply to two counts of assault for two gunshots which occurred within one minute of one another; "Defendant's conduct became more egregious with each successive [gun]shot. Each shot posed a separate and distinct risk to [the victims]. To find section 654 applicable to these facts would violate the very purpose for the statute's existence."].)

Other Questions


Is Section 654 of the California Criminal Code applicable to a defendant who has committed a criminal offence under section 654 (1) of the Act 654, 654? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 654 of the California Criminal Code allow multiple punishment for assault where the assault is so extreme and gratuitous that it goes far beyond what is needed to accomplish the assault? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (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 section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (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)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.