What is the effect of section 654 of the California Criminal Code on a defendant who has committed two separate crimes?

California, United States of America


The following excerpt is from People v. Hernandez, B264311 (Cal. App. 2016):

"[I]f a defendant commits two crimes, punishment for one of which is precluded by section 654, that section requires the sentence for one conviction to be imposed, and the other imposed and then stayed. [Citation.] Section 654 does not allow any multiple punishment, whether concurrent or consecutive. [Citation.]" (People v. Deloza (1998) 18 Cal.4th 585, 594.)

Other Questions


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 a new enhancement pursuant to section 667.5, subdivision (b) of the California Criminal Code apply to a defendant where the prior sentence was for a crime committed after the crime was committed? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
Does section 654 of the California Criminal Code require a separate punishment for a crime committed for the purpose of committing the same crime? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
What is the basis for a conviction under section 654 of the California Criminal Code where a jury found a defendant guilty of two separate crimes, one of which was unlawful threat to kill, and the other of the crimes involved separate acts? (California, United States of America)
Does Section 26 exempt a person from criminal liability under section 26 of the California Criminal Code from a general intent crime if they committed the crime while unconscious? (California, United States of America)
When a defendant has been convicted of multiple violent sex crimes as defined in section 667.61, subdivision (i) of the California Criminal Code, what is the appropriate sentence for each sex crime committed on separate occasions? (California, United States of America)
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)
What is the effect of section 1111 of the California Criminal Code when a defendant is accused of a crime committed by an accomplice who is likely to have self-serving motives? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.