What is the effect of section 654 of the California Highway Traffic Code on a father's sentence for driving under the influence of alcohol?

California, United States of America


The following excerpt is from People v. Reid, G049219 (Cal. App. 2014):

Regarding counts 4 and 5, defendant argues "the relevant act was [his] dangerous driving," which is not "altered by the fact that under count [4, he] endangered the pursuing officers and other motorists while under count [5], he endangered his son who was a passenger. There is still only one relevant act of dangerous driving." The Attorney General acknowledges "it appears that [defendant's] crime of evading police . . . was the basis for his endangerment of his child, and thus constituted an indivisible course of conduct as to counts 4 [felony evasion] and 5 [felony child endangerment]." Because the record contains no evidence of a separate intent, section 654 bars multiple punishment for both offenses. The appropriate remedy is to impose a sentence on each count and then stay punishment on the one carrying the lesser punishment. (People v. Deloza (1998) 18 Cal.4th 585, 591-592.) We thus modify the judgment by staying defendant's eight-month term for count 4.

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