When a defendant is convicted of murder solely on a felony-murder theory, does section 654 of the California Criminal Code preclude imposition of a separate term for the predicate felony?

California, United States of America


The following excerpt is from People v. Lemmon, C074689 (Cal. App. 2016):

Section 654, subdivision (a), provides in 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." When a defendant is convicted of murder solely on a felony-murder theory, section 654 precludes imposition of a separate term for the predicate felony. (People v. Montes (2014) 58 Cal.4th 809, 898.)

Other Questions


Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
What are the requirements of section 1170.95, subdivision (c) of the California Criminal Code for a jury to convict a defendant of first degree murder under the Felony Murder theory? (California, United States of America)
Does section 1157 of the California Criminal Code apply in a felony murder case prosecuted under a felony-murder theory? (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)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Can a judge strike a criminal conviction for a prior felony conviction under section 1385(a) of the California Criminal Code? (California, United States of America)
What is the applicable section of section 186.22(b)(1)(C) of the California Criminal Code for the attempted murder of a man who was convicted of the crime of attempted murder? (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)
Does Section 290 of the California Criminal Code require a separate prison term for a defendant who has served two separate felonies, false imprisonment and first degree burglary? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.