What is the test for a duplicative sentence under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Saetern, C080396 (Cal. App. 2019):

Section 654, subdivision (a), provides in pertinent part that "[a]n 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." Under section 654, "when a court determines that a conviction falls within the meaning of section 654, it is necessary to impose sentence but to stay the execution of the duplicative sentence . . . ." (People v. Duff (2010) 50 Cal.4th 787, 796.)

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