What is the test for a defendant to stay execution of a sentence for multiple convictions under section 654 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Ramirez, C087410 (Cal. App. 2020):

Section 654 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." ( 654, subd. (a).) The statute does not prohibit multiple convictions for the same conduct, only multiple punishment. (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.)

Where, as here, a case involves more than a single act, the application of section 654 turns on "whether that course of conduct reflects a single ' "intent and objective" ' or multiple intents and objectives." (People v. Corpening (2016) 2 Cal.5th 307, 311 (Corpening).) "Where a defendant entertains multiple criminal objectives independent of and not merely incidental to each other, he may be punished for more than one crime even though the violations share common acts or are parts of an otherwise indivisible course of conduct." (People v. Blake (1998) 68 Cal.App.4th 509, 512.)

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