Is Section 654 of the California Penal Code repealed by implication?

California, United States of America


The following excerpt is from People v. Siko, 248 Cal.Rptr. 110, 45 Cal.3d 820, 755 P.2d 294 (Cal. 1988):

We start with the fact, which the People concede, that subdivision (c) nowhere expresses a legislative intent to repeal the prohibition of double punishment for violations based on the "same act or omission" found in section 654. As a general rule of statutory construction, of course, repeal by implication is disfavored. (In re White (1969) 1 Cal.3d 207, 212, 81 Cal.Rptr. 780, 460 P.2d 980.) Such repeal is particularly disfavored when, as here, the statute allegedly repealed expresses a legal principle that has been a part of our penal jurisprudence for over a century. (People v. Cardenas (1982) 31 Cal.3d 897, 913-914, 184 Cal.Rptr. 165, 647 P.2d 569.)

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