What is the proper procedure to sentence a defendant for each count under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Delgado, B292821 (Cal. App. 2020):

1234.) Where section 654 applies, the proper procedure is to " 'sentence defendant for each count and stay execution of sentence on certain of the convictions to which section 654 is applicable.' " (People v. Jones (2012) 54 Cal.4th 350, 353.)

b. Application here

It is clear the two offenses at issue involved separate, distinct acts. Where, as here, the facts are undisputed, the determination of whether multiple convictions are based upon a single physical act is a question we review de novo. (People v. Corpening, supra, 2 Cal.5th at p. 312.) "Whether a defendant will be found to have committed a single physical act for purposes of section 654 depends on whether some action the defendant is charged with having taken separately completes the actus reus for each of the relevant criminal offenses." (Id. at p. 313.)

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