What is the test for a stay of sentence under section 654 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Garcia, H040262 (Cal. App. 2016):

"Whether the facts and circumstances reveal a single intent and objective within the meaning of Penal Code section 654 is generally a factual matter; the dimension and meaning of section 654 is a legal question." (People v. Guzman (1996) 45 Cal.App.4th 1023, 1028.) We apply the substantial evidence standard of review to the trial court's implied finding that a defendant harbored a separate intent and objective for each offense. (People v. Braz (1997) 57 Cal.App.4th 1, 10; People v. Blake (1998) 68 Cal.App.4th 509, 512.)

2. Section 654 Requires a Stay of the Sentence on Count Six

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