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

California, United States of America


The following excerpt is from People v. Delgado, D069682 (Cal. App. 2016):

3. Section 654, subdivision (a) provides in 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." Section 654 "precludes multiple punishment for a single act or omission, or an indivisible course of conduct." (People v. Deloza (1998) 18 Cal.4th 585, 591.) If a defendant suffers two convictions and punishment for one is barred by section 654, "that section requires the sentence for one conviction to be imposed, and the other imposed and then stayed." (Deloza, at p. 592.)

Other Questions


What is the effect of section 654 of the California Criminal Code on a defendant who suffers two separate criminal convictions? (California, United States of America)
What is the effect of section 654 of the California Criminal Code on a defendant who suffers two separate criminal convictions? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
What is the effect of section 654 of the California Criminal Code on a defendant who suffers two separate criminal convictions? (California, United States of America)
What is the effect of section 27706(a) of the California Criminal Code on the appointment of a public defender to defend a defendant in an appeal from a misdemeanor conviction? (California, United States of America)
What is the effect of section 654 of the California Criminal Code on a defendant who suffers two separate criminal convictions? (California, United States of America)
What is the effect of section 667.5.5 of the California Criminal Code when a defendant has been convicted of a prior criminal offence? (California, United States of America)
What is the test for an enhancement to a conviction under section 186.22(b)(1) of the California Criminal Code when a defendant is convicted of a criminal street crime committed for the benefit of a street gang? (California, United States of America)
What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California 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.