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

California, United States of America


The following excerpt is from People v. Shearer, C083367 (Cal. App. 2018):

omission be punished under more than one provision." ( 654, subd. (a).) 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.)

In any section 654 inquiry, the court must initially ascertain the defendant's objective and intent. (People v. Porter (1987) 194 Cal.App.3d 34, 38.) "If he [or she] entertained multiple criminal objectives which were independent of and not merely incidental to each other, he [or she] may be punished for independent violations committed in pursuit of each objective even though the violations shared common acts or were parts of an otherwise indivisible course of conduct." (Ibid.) "Whether the defendant maintained multiple criminal objectives is determined from all the circumstances and is primarily a question of fact for the trial court, whose finding will be upheld on appeal if there is any substantial evidence to support it." (Ibid.)

Other Questions


Does Section 1170.1 of the California Criminal Code apply to sentencing a defendant who has been convicted of multiple criminal convictions for the same crime? (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)
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)
If a defendant receives two criminal convictions and a conviction under section 654 of the California Criminal Code, can the sentence be stayed for both? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, section 1170.1? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
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)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.