When does section 654 of the California Criminal Code apply to the multiple victim exception?

California, United States of America


The following excerpt is from People v. Flores, B233196 (Cal. App. 2012):

When section 654 applies to enhancements, the multiple victim exception is also applicable, so long as neither the enhancement statute nor its legislative history suggests a legislative intent "to treat a term enhancement 'more restrictively for multiple punishment purposes than the term for the underlying offense.' [Citation.]" (Oates, supra, 32 Cal.4th at p. 1066, quoting People v. King (1993) 5 Cal.4th 59, 78.) No such intent appears in the language of section 186.22, subdivision (b), which provides that "any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote,

Page 32

Other Questions


Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does a sentence imposed on count 4 under section 654 of the California Criminal Code apply under the multiple victim exception? (California, United States of America)
How does the multiple victim exception apply when there are multiple victims? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (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)
What is the test for multiple punishment under section 654 of the California Criminal Code when a criminal act violates multiple penal provisions? (California, United States of America)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
Does section 654 of the California Criminal Code apply to a conviction for criminal threats made to the same victim two hours apart? (California, United States of America)
Does Section 654 of the California Criminal Code bar multiple sex offenders from receiving multiple punishment for multiple sex crimes committed during a single course of conduct? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.