What is the difference between a conviction for murder and conspiracy to commit a crime under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. COOPER, B213116, No. GA066001 (Cal. App. 2010):

In count 1, appellant was convicted of first degree murder. In count 4, appellant was convicted of conspiracy to commit a crime, to wit, murder. Respondent concedes that appellant's sentence in count 4 should be stayed under section 654 because it was based on the same acts as those underlying his conviction for murder, and we agree. (See People v. Hernandez (2003) 30 Cal.4th 835, 866 [a defendant may not be punished for both the murder and the conspiracy under section 654].)

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