Is there an exception to section 654 of section 667.6 of the California Code of Civil Procedure to allow for multiple sentences for sex crimes committed during an indivisible transaction?

California, United States of America


The following excerpt is from People v. Hicks, 25 Cal.Rptr.2d 469, 6 Cal.4th 784, 863 P.2d 714 (Cal. 1993):

Under case law established before the enactment of section 667.6, then, no exception to section 654 would normally be necessary to achieve multiple sentences for the enumerated sex offenses committed during an indivisible transaction. The language under our review would therefore generally be surplusage if it were interpreted to refer to the principles of section 654. However, in interpreting statutes, we avoid interpretations that would cause language to be mere surplusage. (People v. Craft (1986) 41 Cal.3d 554, 559-560, 224 Cal.Rptr. 626, 715 P.2d 585.) The majority fail to abide by this rule.

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