What is the test for imposing concurrent sentences under section 654 of the Criminal Code Code?
California, United States of America
The following excerpt is from People v. Cruz, 38 Cal.App.4th 427, 45 Cal.Rptr.2d 148 (Cal. App. 1995):
"Section 654 when applicable precludes punishment 'under' more than one criminal provision. It has long been established that the imposition of concurrent sentences is precluded by section 654 because the defendant is deemed to be subjected to the term of both sentences although they are served simultaneously." (People v. Miller (1977) 18 Cal.3d 873, 887, 135 Cal.Rptr. 654, 558 P.2d 552. Citations omitted. Italics in original.)
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