What is the current state of the law on probation and punishment under section 654 of the Penal Code?

California, United States of America


The following excerpt is from People v. Glass, A147083 (Cal. App. 2017):

The Attorney General agrees that because of Penal Code section 654, appellant can only be punished once for his four convictions. However, since he was placed on probation, there is yet no evidence appellant has been punished for Penal Code section 654 purposes. (People v. Wittig (1984) 158 Cal.App.3d 124, 137.) Furthermore, on November 20, 2015, the trial court struck the probation ineligibility clause found true by the jury. We believe the issue is not ripe at this time. (Ibid.)

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