What is the effect of a suspended imposition of sentence on two counts of assault under section 654 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Deng, H038016 (Cal. App. 2014):
From the foregoing, we conclude that the trial court suspended imposition of sentence on both counts and that the county jail "sentence" referred to was intended to be a condition of probation.5 Because the trial court suspended imposition of sentence on both counts, defendant's section 654 argument is unripe. (See People v. Wittig (1984) 158 Cal.App.3d 124, 137 [finding "no [ 654] double punishment issue" when imposition of sentence was suspended].)
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