What is the difference between a conviction for false imprisonment and a concurrent conviction for forcible penetration?

California, United States of America


The following excerpt is from People v. Sainz, B261986 (Cal. App. 2016):

Appellant claims the trial court's imposition of punishment on his conviction for felony false imprisonment (a lesser included offense of count 1) and his conviction on count 2 violated section 654. We agree. There was substantial evidence appellant committed the felony false imprisonment (a lesser included offense of count 1) with the objective of committing the forcible penetration at issue in count 2. As between those two convictions, section 654 barred punishment for felony false imprisonment (here, a two-year concurrent sentence) because forcible penetration (count 2) carried the longer potential imprisonment term. (Cf. People v. Latimer (1993) 5 Cal.4th 1203, 1205; People v. Magana (1991) 230 Cal.App.3d 1117, 1120-1121; 237, 289, subd. (a)(1)(A), 654, subd. (a), 1170, subd. (h)(1).) We will remand with directions to resentence appellant by

Page 14

suspending execution of sentence imposed on count 1, pending completion of his sentence(s) on the remaining counts. (People v. Pearson (1986) 42 Cal.3d 351, 360.)12 We express no opinion as to what appellant's new sentence, or any of its components, should be.

Other Questions


What is the difference between false imprisonment and misdemeanor false imprisonment? (California, United States of America)
In a motion to overturn a conviction for false imprisonment brought by convicted rapist convicted of a charge of kidnapping for rape, what are the elements test? (California, United States of America)
What is the difference between a false imprisonment conviction and an assault conviction? (California, United States of America)
Can a defendant's conviction for false imprisonment be considered a concurrent sentence under section 654 of the California Criminal Code? (California, United States of America)
Can a defendant appeal his conviction for false imprisonment against a defendant who was previously convicted of kidnapping? (California, United States of America)
What is the range of sentences for an appellant who was convicted of attempted forcible rape and false imprisonment? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
If the evidence is insufficient to support the conviction for kidnapping for purposes of robbery, does the Attorney General have authority to reduce the conviction to a lesser included crime of false imprisonment? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Does section 654 of the California Criminal Code require a concurrent or concurrent sentence for a defendant convicted of a series of crimes committed at the same time under different criminal objectives? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.