Is section 654 of the Criminal Code applicable to enhancements?

California, United States of America


The following excerpt is from People v. Dablon, 29 Cal.App.4th 454, 34 Cal.Rptr.2d 761 (Cal. App. 1994):

Even assuming section 654 applies to enhancements, 10 the enhancements before us do not give rise to multiple punishment for the same act within the meaning of section 654. Section 654 is inapplicable because the two prior convictions are neither the same act nor a continuous course of conduct indivisible in time since the two acts occurred seven days apart. Further, the courts have recognized that section 654 does not apply to two separate enhancements under sections 667 and 667.5. (See People v. Medina, supra, 206 Cal.App.3d 986, 254 Cal.Rptr. 89.) We therefore conclude that section 654 did not preclude the enhancements imposed here.

Other Questions


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)
Does a court violate section 654 of the California Criminal Code by imposing both a firearm enhancement and a great bodily injury enhancement under section 12022.7, subdivision (a), both at trial? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge? (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)
What is the test governing the application of section 654 of the California Criminal Code for the enhancement of knife use enhancements? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
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 654 of the California Criminal Code apply to enhancements under section 288 of the Criminal Code? (California, United States of America)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.