What is the proper procedure to stay execution of a sentence for multiple convictions for the same criminal offence?

California, United States of America


The following excerpt is from People v. Ussery, C088376 (Cal. App. 2020):

Section 654, subdivision (a) 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." The statute does not prohibit multiple convictions for the same conduct, only multiple punishments. (People v. Monarrez (1998) 66 Cal.App.4th 710, 713.) "In such a case, the proper procedure is to stay execution of sentence on one of the offenses." (Ibid.)

Other Questions


Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
What is the proper procedure to stay execution of a sentence for multiple convictions for the same criminal offence? (California, United States of America)
What is the proper procedure to stay execution of a sentence for multiple convictions for the same criminal offence? (California, United States of America)
What is the proper procedure to stay execution of a sentence for multiple convictions for the same criminal offence? (California, United States of America)
What is the proper procedure to stay execution of a sentence for multiple convictions for the same criminal offence? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
If section 654 of the Criminal Code prohibits multiple punishment, can the trial court stay execution of the sentence on the convictions for which multiple punishment is prohibited? (California, United States of America)
What is the proper procedure for a defendant to stay execution of sentence under section 654 of the California Penal Code for multiple convictions? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Does Section 654 of the California Criminal Code bar multiple convictions and sentences based on a single conviction and sentence for a single assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.