What is the effect of Section 654 of the California Criminal Code on a defendant who has been found guilty of a charge of sexual assault?

California, United States of America


The following excerpt is from People v. Mejia, 211 Cal.Rptr.3d 112 (Cal. App. 2016):

Section 654 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. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other." ( 654, subd. (a).) Section 654 precludes imposition of an unstayed sentence on the count subject to the lesser punishment. (People v. Mesa (2012) 54 Cal.4th 191, 195, 142 Cal.Rptr.3d 2, 277 P.3d 743.)

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