Is section 654 of the Penal Code applicable to enhancements?
California, United States of America
The following excerpt is from People v. Rodriguez, 206 Cal.App.3d 517, 253 Cal.Rptr. 633 (Cal. App. 1988):
In People v. Warinner (1988) 200 Cal.App.3d 1352, 1355, 247 Cal.Rptr. 197, we held that section 654 is inapplicable to enhancements because they prescribe increased punishment; they do not define an offense. Our dicta to the contrary in the earlier case of People v. Holding (1987) 197 Cal.App.3d 981, 243 Cal.Rptr. 512, was based on a case since depublished. We therefore disapprove that dicta.
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