What is the test for a defendant to have a concurrent sentence under section 654 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Ussery, C088376 (Cal. App. 2020):
If the trial court does not stay a sentence pursuant to section 654, and offers no factual basis for its decision, we presume the court found that the defendant harbored a separate intent and objective for each offense. (See People v. Duff (2010) 50 Cal.4th 787, 796 [imposition of concurrent sentences is precluded by section 654]; People v. Jones (2002) 103 Cal.App.4th 1139, 1147.)
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