What is the effect of failing to object under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Hester, 22 Cal.4th 290, 92 Cal.Rptr.2d 641, 992 P.2d 569 (Cal. 2000):

Section 654, subdivision (a), provides in pertinent part: "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." Ordinarily, a section 654 claim is not waived by failing to object below. "[T]he waiver doctrine does not apply to questions involving the applicability of section 654. Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court or assigned as error on appeal." (People v. Perez (1979) 23 Cal.3d 545, 549-550, fn. 3, 153 Cal.Rptr. 40, 591 P.2d 63.) This is an exception to the general rule that only those claims properly raised and preserved by the parties are reviewable on appeal. This exception is not required by the language of section 654, but rather by case law holding that a court acts in excess of its jurisdiction and imposes an unauthorized sentence when it fails to stay execution of a sentence under section 654. (See People v. Scott (1994) 9 Cal.4th 331, 354, fn. 17, 36 Cal.Rptr.2d 627, 885 P.2d 1040.)

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Can a defendant be punished under section 654 of the California Criminal Code for failing to comply with the requirements of Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
What is the effect of section 28 of the California Criminal Code on a person who has not been convicted of a criminal offence under the Criminal Code Act? (California, United States of America)
What is the effect of section 654 of the California Criminal Code when a defendant is found guilty of a charge under Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
What are the consequences of section 245, subdivision (a)(1) of the California Criminal Code when it comes to section 2 and 3 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.